PATENT PRELIMINARY SEARCH and FREEDOM to OPERATE SEARCH
Patent preliminary search can be done for different purposes. With the preliminary patent search, a detailed report is prepared by evaluating the possibility of patenting the invention, freedom to operate, technology transfer, invalidity and infringement.
In order for the invention to be protected through patent registration, it must be novel (new) in the world (before the date of the patent application, there must be no publicly accessible written or oral publicity, use or other means of statement about the invention anywhere in the world), it must contain an inventive step (exceeding the known state of the art and reaching a higher level in technology) and it must be industrially applicable.
In order for the invention to be patented, it is evaluated by examining the patents in the public documents and databases in the technical field whether the invention is novel and whether it contains an inventive step. In the same way, for invalidity, infringement, technology transfer and freedom to operate, a novelty and invention step evaluation is made from different aspects and presented with a detailed report.
Freedom to Operate is the evaluation of whether the conditions of infringement (violation) of any registration under patent or utility model protection will occur in Turkey or other countries where trade is carried out during the commercialization of your products or production methods. Whether the products, intermediates and production methods to be commercialized, sold/purchased or used in production fall within the boundaries of the invention protected by any patent are evaluated by examining the patents in the databases and public documents in the technical field. As a result of the freedom to operate search and examination, it is presented as a detailed report. According to the freedom to opertae search, the product may be easily commercialized, produced, sold. In cases where it may violate a patent-protected invention, it can be changed to the the risk-free product or production method resulting from the search.
Unregistered use and commercialization of inventions protected by patents that do not enter Turkey, as well as situations where patents that enter or are likely to enter Turkey need to be licensed or assign may also be revealed by the freedom to operate search.
It is recommended to conduct preliminary search before filing for a Patent/Utility Model or when planning a new product/production method. Because in order to obtain a patent/utility model, the application must be novel. In addition, in order for new products to be commercialized, they must not violate (infringe) the invention protected by any patent. Officially applying for a patent/utility model without conducting preliminary search and then learning that the subject of the invention is not new (novel) may cause time and cost losses. In the same way, commercialization without conducting a freedom to operate search can cause time and cost losses. Preliminary search provides information about whether the subject of the invention has previously received patent/utility model protection anywhere in the world. Another important advantage of patent/utility model search is that the inventor can make the necessary arrangements in his invention, product or production method based on the documents that come with the report.
For all these reasons, product, production method, molecule, active ingredient (API), indication, formulation patents are searched in the databases of TURKPATENT, EPO (European Patent Office), WIPO (World Intellectual Property Organization), JPO (Japanese Patent Office), USPTO (US Patent and Trademark Office), novelty and invention step evaluation is made, the freedom to operate search or patent preliminary search is reported in detail in accordance with the purpose.
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