- What can we assist you with?
- Why should you monitor?
- Monitoring of patents
- Monitoring of trademarks
- Related content
- Related people
What can we assist you with?
Our advisors have many years experience with the monitoring of IP. We may assist you with mapping, advice, defining, and not least the follow up and assessment of the competitors’ IP. In the patent field, we may monitor a particular technical field and the development in this; competitors or a patent. In this way you may:
- pay attention to a technical field
- pay attention to what the competitors are up to and in which direction and geographical areas they move
- uncover threats and infringements of own innovations
- file timely protests or oppositions against new patent applications
- uncover new innovation and new competitors
- find interesting possibilities, companies and persons, and get inspiration
Because of the claim for novelty, and the fact that patent applications are published at 18 months, one may, through the patent system at an early stage acuire knowledge of technological development and the competitors’ target areas.
We also monitor your or others trademarks or competitors, so that you may:
- pay attention to what the competitors are up to and their trademark activities/product development/geographical areas of commitment
- uncover threats and infringements of own trademarks
- file a timely protest or opposition against new trademark applications
We would be happy to assist you!
Why should you monitor?
The competition and the market gets closer in most fields. The technology is experiencing a rapid development and it can be hard to keep up. By monitoring patent applications one can discover where important movers in a segment industrialise the technology and are so committed to this that they choose to seek patent protection and protect their new developments. Monitoring will therefore, to a great extent, separate the wheat from the chaff and provide a technological overview of current development.
The trademark jungle is also closing in, and a monitoring of other participants’ trademarks is an important element of the IP strategy.
New companies appear constantly, and again monitoring can uncover new companies on the same market as oneself, and to some extent prior to product launches. Such background material can provide important business intelligence to avoid being surprised when the competitors’ products are available off the shelf.
The operative freedom to operate is defined not only by own rights, but also by rights held by other parties. Monitoring can provide quick and valuable information on the opening and closing of windows of opportunities, and possibly where to counter attack in the form of an opposition or third party observation, before others establish rights in one’s own area of interest and business.
Monitoring of patents
Intellectual property rights, IPR, are registered and published by patent and trademark authorities across the world. This is made available to the public and may therefore be monitored.
Monitoring is a natural part of an IP strategy, and forms the foundation of a pro-active control of own rights.
Fundamentally, all published applications and granted patents, trademarks and designs form a basis for monitoring. As the information is structured according to international conventions it is possible to specify in detail what is to be monitored.
The patenting system thus provides the possibility of monitoring classes (the field of technology, or art, for patent applications) search terms and keywords, applicants and inventors and combinations of these. Such a monitoring is a natural part of a solid patent strategy and provides the following advantages:
Monitoring technology and development
- discover new applications of interest
- discover competitors
- maintain overview of freedom to operate
- relating to technology
- relating to geographical boundaries
- in order to discover if they are changing course technologically
- in order to discover indicators for business opportunities
Monitoring specific applications
- in order to prepare oppositions
- in order to prepare third party observations, optionally anonymously
We may prepare a first overview of the situation to establish basic information like who the participants are and what level of activity they are on, and then start the actual monitoring with reports at set intervals. The actual reporting may contain information which form a basis for further adjustments of the monitoring, something our patent consultants would advise you of. Such reports are often the basis for actions, and time may be of decisive significance.
Where such monitoring gives information of changes, it may also be of interest to perform a mapping of competitors’ rights to find the freedom to operate, particularly before the launch of new development projects or important product launches. If it turns out that one launches a product for which others have essential rights, this may prove expensive, and give unfortunate publicity in the media.
Monitoring is therefore important to ensure that one acts legally, and not risk being instructed by a competitor to remove the product from the market, after expensive development and a possible court case.
The scope is not only within own rights, but also include competitors’ lapsed rights and immaterial commons. Hence, monitoring gives an essential competitive advantage.
Monitoring of trademarks
To have the possibility to react to others trying to register trademarks that may be confusingly similar to your trademark, it is practical to monitor the trademark registers in the country where your mark is registered.
In this way one can easily get knowledge of what is happening at the competitors, while at the same time be able to act at an early stage if confusingly similar trademark applications have been filed.
Acapo assists in all aspects regarding protection of inventions, monitoring included.