Can state-of-the-art be prejudicial to novelty?
Whenever the patent office announces it is about to issue a patent that might restrict a third party’s freedom-to-operate, the question needs to be asked of whether an objection should be raised against to the issuance of the patent. For such an objection to be successful it must include the requisite documents. These are generally published prior to the pertinent application date and can serve to challenge the novelty, or at least the ‘inventive’ aspect of the invention as specified in the patent specification. In this way it is possible to challenge the legal validity of the patent.
Serviva routinely conducts searches of the relevant state-of-the-art status of inventions that are published before a defined date or patent-pending. Here, searches of both extensive full text databases and non-patent literature are conducted. Experienced researchers specialised in various areas of technical expertise ensure thorough and reliable implementation of the specific search strategy – and at very short notice if required. We cover the following technology fields:
- Mechanical engineering
- Automotive engineering/Automotive
- Information and Communications Technology
- Electrical engineering/Electronics
- Medical technology
- Environmental and Process technology
Our customers receive a report containing the identified documents/patent documents, as well as concrete details as to what extent the text passages can be seen as relevant in terms of lodging an objection. The responsibility for the final evaluation and/or decision whether or not to proceed with an objection is assumed by our customers in collaboration with the attending patent attorneys.