A patent application remains secret for 18 months after filing. This period allows the owner to make certain decisions, such as :
– marketing,
– the search for investors or licensees before competitors can be informed.
After 18 months, the application is published by the Office (national, regional or international) where it was filed. It then becomes accessible to all, on the various free and fee-based global databases. These include Google Patents, Espacenet and Patent Lens.
3 reasons to keep an eye on patents published after yours :
1. To protect the intellectual property rights associated with the patent
If you have obtained a patent for an invention, you have the exclusive right to exploit that invention for the life of the patent. But you also have the right to prevent third parties from exploiting the invention.
If you put keywords related to your patent under surveillance, you’ll be able to find out quickly if someone else is trying to infringe your rights by using or selling your invention without your authorization.
This will also enable you to :
- assess the chances of taking action to enforce your rights. Whether it’s in the context of a patent infringement dispute before a court, or for a patent you’ve identified and which is issued,
- evaluate the chances of success of an action to invalidate it, by an attack for nullity before a court or in opposition before an office.
2. To monitor the evolution of technology
By putting keywords related to your patent under surveillance, you can track progress and innovations in your field of expertise. This can help you identify new development opportunities or determine whether your patent is threatened by new technologies.
3. To assess the value of your patent
If you want to sell or license your patent, monitoring can help you assess its value. Surveillance will inform you of the interest shown by companies and investors in the field of your invention.
In short, monitoring a patent can be useful for protecting your intellectual property rights, keeping abreast of technological developments, assessing the value of your patent and finding potential partners.
