PATENT & TM ATTORNEYS PRACTICE
Patent Clearance Search
Traditionally a lot of manufacturing spheres are regulated by state-established standards called “GOSTs” and patent clearance searches are not an exception: the relevant procedure is governed by standard GOST R15.011-06 which provides uniform requirements applicable to the clearance search procedure, search, selection, systematization and analysis of the revealed patent documents, as well as to the preparation of the conclusions and drawing up of search results, and which shall be observed upon conducting such searches.
Meanwhile, even though the relevant GOST regulates search procedure, the quality of such a research is largely determined by the Expert’s technical and scientific education, experience and competence, which enables him to understand correctly the structure of the subject. Where engineering solutions in the subject under investigation may simultaneously relate to several fields of science, knowledge and experience of several experts in these fields might be necessary. Furthermore, in cases where a third party’s product allegedly infringe your patent, it is not an uncommon citation where the only subject of research available is a marketed product that must be purchased legally and scrutinised – for example, by completely dismantling it and investigating all its components, or by analysing a substance physically and chemically.
As the price of mistake is high it is important to know whether the chosen experts are sufficiently qualified and skilled in patent clearance searches to prepare a reliable and informative clearance opinion.