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 Patent clearance of technological items

Why do we need to identify the patent clearance of technological items?

Patent clearance allows to release (to use) technological items (equipment, machines, tools, materials and technologies).

Patent clearance — is a legal object property,consists in the fact that it can be freely used in a particular country without the risk of violation of existing patents on its territory. It means that the objects which do not violate the effect of patents on inventions, utility models and industrial designs are considered to be having a patent clearance. In addition, objects should not violate trademarks, appellations of origin, trade names.

EXAMINATION FOR PATENT CLEARANCE.

The object is examining in full, including all technical solutions realized in it.

Examination is conducted for each country separately. The legislation and judicial practice are taken into account.

Purpose of the examination – to identify the features used in the object of the patented invention.

Only valid patents (certificates, etc.) in the country are taken into account - "complete or exhaustive search."

 

Infringement search is carried out to the full extent. The process of information retrieval is aimed to identify an appliance meant for the same use with characteristics identical to those of the utility model (invention) being scrutinized. After the infringement search has been completed a customer is given information retrieval report where the following information is indicated: 

  • numbers of applications and patents
  • the date of filing to Russian Agency for Patents and Trademarks
  • the title of utility model, invention
  • recommendations 

Patent information retrieval is realized during 7-14 days.

The cost is 15000 – 20000 roubles.

 

We carry out preliminary patent search for patent clearance, give recommendations on claim formulation, proceed with an application and maintain correspondence with experts of RuPTO.

Patent for invention is issued in a year after filing.

Duration of patent for invention is equal to 20 years.


Patent for utility model is issued in 4 months after filing.

Duration of patent for utility model is 10 years + 3 years.