Patent research in IT. Course young fighter. Part I. How to understand customer requirements and prepare a report template
Here is the first article from the cycle for those who want to learn how to do and execute patent research and report back to the customer with their help. We understand the terms, prepare a template for a report on patent research.
1. My thorny path to correct patent research
In the research department of the MDGs, in the preparation of research documentation for research, development and other projects for the state customer, patent research is being carried out. This event is usually fixed by a separate item of the TZ, which can be closed by providing a report on patent research, issued in accordance with GOST 15.011-96 “System for the development and launch of products for production (SRPP). Patent research. The content and order of ”. Sometimes specialized organizations are involved in such work, but more often we conduct patent research ourselves: this is more convenient and faster. In the case of unique and high-tech products of the MDGs, researchers are easier to do research than to explain to an outside lawyer the subtleties of biometrics by face and voice, the principles of speech recognition and synthesis.
A year and a half ago, I was actively involved in the process of patent research and, together with researchers, began to conduct a patent search, analyze patent information and issue reports on patent research. During this time, I realized that representatives of the state customer carefully read patent research. And not only read, but not weakly carp at filling the mandatory and recommended applications and tables. The reviewer scrupulously examines the reports on patent research and requires clarification even in cases where a fundamentally new product is being developed for the Russian and world market.
I decided to talk about my experience with patents in several articles. This text is devoted to the preparation for carrying out patent research and the state standard by which they are carried out - GOST R 15.011-96 System for the development and launch of products for production (SRPP). Patent research. Content and order of. If patent research is indicated in the project terms of reference, this GOST will also be indicated. If this standard is not mentioned in the customer's requirements, ensure that it is named there. GOST R 15.011-96 - support patent researcher. True, this support was written in the last century; therefore, some applications and tables are introduced into a stupor, and some requirements and terms need detailed explanation.
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If you plan to read my post further, be sure to open GOST R 15.011-96
2. GOST R 15.011-96. We read together
Patent research is defined in the standard as follows: “ Patent research is a study of the technical level and development trends of objects of economic activity, their patentability, patent purity, competitiveness (effectiveness of the intended purpose) based on patent and other information ” [1].
This definition suggests that the research report should reflect the research:
- technical level
- development trends of the object,
- patentability,
- patent purity,
- competitiveness.
The concept of the technical level is interpreted in the legal and methodological literature as the degree of implementation in this object of patenting the most advanced technical solutions that ensure the achievement of its optimal performance, parameters or characteristics [2]. Not to be confused with the level of technology , which means any information that has become publicly available in the world before the priority date of the invention.
Patentability - a set of properties of the object of technology, without which it can not be recognized as an invention. These properties are listed in Art. 1350 of the Civil Code of the Russian Federation: “The invention is granted legal protection if it is new, has an inventive step and is industrially applicable” [3].
What does “is new” mean? Everything is simple - it should not be known from the prior art (see definition above). That is, no one has ever invented the exact same product before you. Similar, similar objects of technology can exist and most likely will be, but they will definitely have differences.
What is an inventive step? This is not obvious from the prior art to a specialist. By what criteria are “experts” selected and how they evaluate the inventive step is not explained anywhere. This property means that the invention was obtained not as a result of the mechanical connection of previously known objects, but as a result of creative work.
With industrial applicability, everything is simple. It means that the invention can be applied in industry and other areas of the economy or social sphere.
We will understand now with patent purity . This legal property of the object of technology is that it can be freely used in a particular country at a specific point in time without violating the exclusive rights of third parties. In patent research, patent purity is always determined on a specific date for a specific list of countries. The list of countries should indicate your customer in the project specification. If there is no list, then you determine patent purity only for Russia at the current date. If the list of countries is given, then Russia must be in it.
Pay attention to how widely the object of patent research is interpreted; it is both an object of economic activity (goods) and the economic activity of the subject itself. Such a broad interpretation, on the one hand, indicates that the GOST patent examinations are intended not only to create reports, but also to facilitate management decisions. On the other hand, during the conduct of patent research, the entire activity of the organization should be considered and reflected in the report, including all intellectual property objects, scientific activities, position in the market, and development prospects.
Competitiveness is explained in the text of the standard as the ability of an object of economic activity in a certain period to ensure commercial or other success in a particular market under conditions of competition or opposition. The rest of the terms included in the definition are not interpreted in GOST.
3. What does the customer want?
As you can see, the definition of patent research, given in GOST, includes quite a lot of properties that need to be investigated. Such a broad definition allows the customer to formulate the TK item on patent research rather briefly. For example, the customer in this paragraph may write that he needs to conduct patent research to determine patent purity. This does not mean that such research determines patent purity, and does not describe the technical level. Patent research by definition includes the determination of the technical level, trends in the development of an object, patentability, patent clearance, competitiveness. An indication in TK of a particular aspect of patent research merely indicates that it is necessary to pay close attention. How can this close attention be demonstrated in a patent research report? Fill in the required and recommended forms of GOST related to the property that interests the customer.
Clause 5.1 of the GOST provides other aspects of the content of patent research in general. They are recommendations, complement and disclose the above list. It is important to understand that the theses listed in paragraph 5.1 should not be made separate paragraphs of the report on patent research. The structure of the report on patent research sets paragraph 7 of GOST.
4. Structure of the report on patent research: preparing a template
Patent research is simple if the template is already ready. Paragraph 7 of the GOST specifies the structural elements of the report and their summary. I advise you to prepare a template with all the structural elements and recommendations for completing them from clause 7.2:
- Title page
- List of performers
- Content
- List of abbreviations, symbols, symbols, units, terms
- General data on the object of research
- The technical level and development trends of the object of economic activity
- Use of industrial (intellectual) property objects and their legal protection
- Investigation of the patent purity of the object technology
- Analysis of the activities of the economic entity and its development prospects
- Conclusion
- Appendix A: Patent Research Task *
- Appendix B Search Policy *
- Appendix C Search Report *
- Appendix G. Analysis of the activities of an economic entity and its development prospects *.
* means that there is a design template in GOST
The bold type in the list of sections is highlighted, which should be mandatory in the report, unless the customer requires otherwise.
The so-called main (analytical) part, that is, the part that the researcher writes on the basis of the information received, is highlighted in bold italics in the text.
The usual font in the list is an optional section.
In Appendix D of the GOST, there are examples of the design of forms that are not submitted to a separate application, but serve to design sections of the analytical part. How to fill out these forms, I will tell in the next articles of my cycle.
Sources:
1. GOST R 15.011-96 System for the development and production of products (SRPP). Patent research. Content and order of
2. Sukharev A. Ya. Large legal dictionary / A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. - M .: Infra-M, 2003.
3. Civil Code of the Russian Federation (Part Four, Art. 1350) "dated December 18, 2006 N 230-FZ (as amended on 05.23.2018)
1. My thorny path to correct patent research
In the research department of the MDGs, in the preparation of research documentation for research, development and other projects for the state customer, patent research is being carried out. This event is usually fixed by a separate item of the TZ, which can be closed by providing a report on patent research, issued in accordance with GOST 15.011-96 “System for the development and launch of products for production (SRPP). Patent research. The content and order of ”. Sometimes specialized organizations are involved in such work, but more often we conduct patent research ourselves: this is more convenient and faster. In the case of unique and high-tech products of the MDGs, researchers are easier to do research than to explain to an outside lawyer the subtleties of biometrics by face and voice, the principles of speech recognition and synthesis.
A year and a half ago, I was actively involved in the process of patent research and, together with researchers, began to conduct a patent search, analyze patent information and issue reports on patent research. During this time, I realized that representatives of the state customer carefully read patent research. And not only read, but not weakly carp at filling the mandatory and recommended applications and tables. The reviewer scrupulously examines the reports on patent research and requires clarification even in cases where a fundamentally new product is being developed for the Russian and world market.
I decided to talk about my experience with patents in several articles. This text is devoted to the preparation for carrying out patent research and the state standard by which they are carried out - GOST R 15.011-96 System for the development and launch of products for production (SRPP). Patent research. Content and order of. If patent research is indicated in the project terms of reference, this GOST will also be indicated. If this standard is not mentioned in the customer's requirements, ensure that it is named there. GOST R 15.011-96 - support patent researcher. True, this support was written in the last century; therefore, some applications and tables are introduced into a stupor, and some requirements and terms need detailed explanation.
')
If you plan to read my post further, be sure to open GOST R 15.011-96
2. GOST R 15.011-96. We read together
Patent research is defined in the standard as follows: “ Patent research is a study of the technical level and development trends of objects of economic activity, their patentability, patent purity, competitiveness (effectiveness of the intended purpose) based on patent and other information ” [1].
This definition suggests that the research report should reflect the research:
- technical level
- development trends of the object,
- patentability,
- patent purity,
- competitiveness.
The concept of the technical level is interpreted in the legal and methodological literature as the degree of implementation in this object of patenting the most advanced technical solutions that ensure the achievement of its optimal performance, parameters or characteristics [2]. Not to be confused with the level of technology , which means any information that has become publicly available in the world before the priority date of the invention.
Patentability - a set of properties of the object of technology, without which it can not be recognized as an invention. These properties are listed in Art. 1350 of the Civil Code of the Russian Federation: “The invention is granted legal protection if it is new, has an inventive step and is industrially applicable” [3].
What does “is new” mean? Everything is simple - it should not be known from the prior art (see definition above). That is, no one has ever invented the exact same product before you. Similar, similar objects of technology can exist and most likely will be, but they will definitely have differences.
What is an inventive step? This is not obvious from the prior art to a specialist. By what criteria are “experts” selected and how they evaluate the inventive step is not explained anywhere. This property means that the invention was obtained not as a result of the mechanical connection of previously known objects, but as a result of creative work.
With industrial applicability, everything is simple. It means that the invention can be applied in industry and other areas of the economy or social sphere.
We will understand now with patent purity . This legal property of the object of technology is that it can be freely used in a particular country at a specific point in time without violating the exclusive rights of third parties. In patent research, patent purity is always determined on a specific date for a specific list of countries. The list of countries should indicate your customer in the project specification. If there is no list, then you determine patent purity only for Russia at the current date. If the list of countries is given, then Russia must be in it.
Pay attention to how widely the object of patent research is interpreted; it is both an object of economic activity (goods) and the economic activity of the subject itself. Such a broad interpretation, on the one hand, indicates that the GOST patent examinations are intended not only to create reports, but also to facilitate management decisions. On the other hand, during the conduct of patent research, the entire activity of the organization should be considered and reflected in the report, including all intellectual property objects, scientific activities, position in the market, and development prospects.
Competitiveness is explained in the text of the standard as the ability of an object of economic activity in a certain period to ensure commercial or other success in a particular market under conditions of competition or opposition. The rest of the terms included in the definition are not interpreted in GOST.
3. What does the customer want?
As you can see, the definition of patent research, given in GOST, includes quite a lot of properties that need to be investigated. Such a broad definition allows the customer to formulate the TK item on patent research rather briefly. For example, the customer in this paragraph may write that he needs to conduct patent research to determine patent purity. This does not mean that such research determines patent purity, and does not describe the technical level. Patent research by definition includes the determination of the technical level, trends in the development of an object, patentability, patent clearance, competitiveness. An indication in TK of a particular aspect of patent research merely indicates that it is necessary to pay close attention. How can this close attention be demonstrated in a patent research report? Fill in the required and recommended forms of GOST related to the property that interests the customer.
Clause 5.1 of the GOST provides other aspects of the content of patent research in general. They are recommendations, complement and disclose the above list. It is important to understand that the theses listed in paragraph 5.1 should not be made separate paragraphs of the report on patent research. The structure of the report on patent research sets paragraph 7 of GOST.
4. Structure of the report on patent research: preparing a template
Patent research is simple if the template is already ready. Paragraph 7 of the GOST specifies the structural elements of the report and their summary. I advise you to prepare a template with all the structural elements and recommendations for completing them from clause 7.2:
- Title page
- List of performers
- Content
- List of abbreviations, symbols, symbols, units, terms
- General data on the object of research
- The technical level and development trends of the object of economic activity
- Use of industrial (intellectual) property objects and their legal protection
- Investigation of the patent purity of the object technology
- Analysis of the activities of the economic entity and its development prospects
- Conclusion
- Appendix A: Patent Research Task *
- Appendix B Search Policy *
- Appendix C Search Report *
- Appendix G. Analysis of the activities of an economic entity and its development prospects *.
* means that there is a design template in GOST
The bold type in the list of sections is highlighted, which should be mandatory in the report, unless the customer requires otherwise.
The so-called main (analytical) part, that is, the part that the researcher writes on the basis of the information received, is highlighted in bold italics in the text.
The usual font in the list is an optional section.
In Appendix D of the GOST, there are examples of the design of forms that are not submitted to a separate application, but serve to design sections of the analytical part. How to fill out these forms, I will tell in the next articles of my cycle.
Sources:
1. GOST R 15.011-96 System for the development and production of products (SRPP). Patent research. Content and order of
2. Sukharev A. Ya. Large legal dictionary / A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. - M .: Infra-M, 2003.
3. Civil Code of the Russian Federation (Part Four, Art. 1350) "dated December 18, 2006 N 230-FZ (as amended on 05.23.2018)
Source: https://habr.com/ru/post/449878/
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