Preparation of clearance opinions
Preparation of clearance opinions is actually an examination of novelty.
An examination for patent novelty is usually carried out in the framework of patent examination. Patent novelty is a legal property of an object meaning that it can be freely used in a specific country without the risk of violating of exclusive rights of legally effective patents on its territory. So the subjects having patent novelty are those that are not subject to patents for inventions, useful models or industrial designs issued by an authorized patent office and valid in the territory of that country. In addition, objects can not violate registered trademarks, as well as brand names and indications of the origin of goods.
During the patent novelty examination the object is checked itself and its technical solutions are evaluated. The search is carried out in each country separately, taking into account the patent laws and judicial practice in these countries. The choice of the country where the examination is carried out depends on the market where the products are supposed to be sold. Patent research on performance standards should be carried out in the countries that this development is conducted for as well as in countries where the industry is developed the most.
The purpose of patent novelty examination is to identify the characteristic of features of the patented invention in the object upon availability of differences by other characteristics. The examination is carried out till the moment when absolutely all the legally effective patents of exclusive right in a particular country are examined. This means that the examination is a scrupulous and very demanding and thoroughgoing process that should be accredited to professionals since any mistake or inaccuracy can lead to enormous financial losses.
After checking, the invention or subject of patenting receives a property of patent novelty in a legal sense which is not only the possibility of receiving a patent but also the reasoning of this possibility. There is no such thing as absolute patent novelty since the term is used in reference to one specific country. That means that that in another country the object may not have patent novelty.
A report with a summary on a patent novelty is a guarantee that no risks of infringing patent rights has been revealed in a specific country. A negative report, however, does not mean that the market in this country is closed for the applicant. This is just an opportunity to plan further actions and make the necessary changes to the inspected object or its component parts. In addition, it gives time to explore the perspective of acquisition of license or contestation of infringed patent.