For Patents, a search of the Patent Office records will determine what patents have been granted relating to your field of invention. Most patent applications will also appear on the database. Those applications filed within the past 18 months, however, will not appear. The search will enable your patent agent to determine whether your invention appears patentable. That is, whether it is new, non-obvious and useful. For those products that you might sell without the benefit of patent protection, a search will indicate whether you are likely to infringe someone else's patent by selling your product. Your patent agent or search firm can advise you as to the type of search which is appropriate for your circumstances.
For Trade Marks, a search of the Trade Marks Register will determine whether there are any registered trade marks confusingly similar to your own. As not all trade marks are registered, however, you should consider expanding your search to include Distinctive character sources, Common Law sources, corporate name registries and Internet Domain Names. A trade mark agent or search firm should be engaged to conduct the search for you.
For Industrial Designs, a search of the Industrial Design Office records will determine whether your design is original. The search will need to include any possible variations of the design. You should engage a searcher experienced in industrial designs to conduct the search for you.
You can conduct your own preliminary searches using the databases available on the Internet if you wish but you should not rely on such searches for the purpose of determining your rights, or those of others. Each database is unique and there are specific searching techniques for each one. You can also supplement your database searches by conducting an Internet search using one of the popular search engines.
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Copyright © R. William Wray & Associates 1995-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007