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Patent clearance check of a product

patent clearance – what is it?

Before issuing a product bearing a trademark into the civil turnover or commercialize an innovative product, it is recommended to check the new product for patent clearance.

A check for patent clearance will show whether already registered exclusive rights of third parties' intellectual property will be infringed if your product is produced and sold.

Even if there is no intentional plagiarism, an act of unfair competition, a theft of someone's else product, but your intellectual property infringes rights to a registered trademark or product protected by a patent, you may be held liable for infringement of exclusive rights.

nonuse of PRELIMINARY check for patent clearance – what threat it poses to you

If it turns out that your intellectual property infringes someone's exclusive rights, then:

  • You may be penalized by an administrative fine;
  • The law allows to hold you criminally liable;
  • A monetary compensation (up to 5 million rubles) for illegal use of intellectual property may be collected from you

Procedure of patent clearance checking

  • A patent attorney conducts a search in all intellectual property objects registered and valid in a given territory for those that may be similar to the new object;
  • Patents and trademarks, if found, are analyzed;
  • A written opinion on patent clearance of the product is prepared.

Skilled patent attorneys of our Bureau will render assistance to you in checking patent clearance of your products and prepare a written opinion on a possible use of the respective product in the territory of the Russian Federation and foreign countries.