Intectica is one of the leading IP companies developing and implementing patent strategies in chemistry-related fields (agriculture, medicine, cosmetics, food industry). Since our team is formed from leading experts of the Ukrainian Patent Office Chemistry and Medicine Department, we are able to successfully support and protect our clients in the national and international market entry.
Why do you need a patent for the market entry? Patent protection is a powerful tool that provides exclusive rights to you to prevent competitors from using your product/technology without permission.
To obtain effective patent protection a careful planning and strategy are required.
First, we throughoutfully analyze your product/technology to understand its strong and weak sides. This approach is similar to the work of a doctor, because your representative should know all the problems, features and wishes to maximize the potential of your invention and create the patent strategy that suits you and your needs.
Second, we try to predict the actions of your competitors and any monopoly breaches (infringements) that could arise in the future. For this we conduct patent searches and, using our legal knowledge, investigate registration possibilities for the majority countries of the world: Ukraine, CIS, EU, Asian countries, USA and so on. Our professionals use only official national and international patent databases – Patentscope (157 Contracting PCT States and more than 30 countries with documents published in full-text format), EAPATIS (8 Contracting States, more than 20 search countries) and espacenet (39 Contracting States, more than 140 million published documents).
Process of the strategy creation is an art. Our goal is to understand your wishes and to implement them into the patent. For that we need to understand why you need patent protection.
Our experience shows that there are several main directions:
1) Launch of a completely new product.
Goal: To provide you with a monopoly on the market.
Our actions: We conduct international patent search accordingly to the European Patent Office standarts and provide search report with the conclusion about patentability of the invention. Based on search results we draft a patent application, usually a series.
Comment: This is a rare example of the classical patent registration, “true” or “real” invention.
2) Launch of the new product when there are analogues on the market.
Goal: To ensure safe market entry.
Our actions: We conduct national Freedom-to-operate search and prepare report regarding possible patent right infringements. If there is no overlapping monopoly, we always recommend to do a patentability search and analysis and file your own patent application.
Comment: This is the most common case where we already have risk-based mechanisms at action.
3) Development of the new product.
Goal: To create a new product and to secure the monopoly for it.
Our actions: After receiving Terms of reference our science team carries out a comprehensive analysis of your idea and makes a conclusion about possibilities of the implementation. If the world-wide landscape search shows any problems on the way of your invention, we suggest ways to solve it. After agreeing on the details of the project we draft patent applications and registration documents for the market entry.
Comment: Intectica already has reliable algorithms of actions that can be adapted to your specific needs. The knowledge is based on our practice with having in mind possible risks.
4) Startup launch.
Goal: To protect safe capital investments and obtain monopoly on the market.
Startups can be completely different, but all of them have an intellectual component – new or developed old idea, which is an intellectual capital of the company.
For startups there are several stages of the IP protection. First – company development and search of investors. On this stage main startup elements need to be protected, and also with minimal costs. This period is very responsible, as it provides the base for the future actions. If we talk about technological invention, for example, new drug or device, first patent application conditions success of the whole project.
Startups are a highly competitive area, so you are encouraged to file a patent application as soon as you can, but you need to be sure to consult a reliable patent attorney who has proven his competence in this field.
Your monopoly is disclosed in the patent in a limited set of words, so, these words should reflect perfectly on the essence of your invention, each sentence should be carefully constructed and well-judged. We need to claim the invention the broadest way to include all the variants, at the same time without any risk of infringement rights of the owners of the existing patents, with the possibility of the further development and establishment of your idea in the next 12 months. And of course, the application should fulfil all requirements for the patent grant. You can see that the task is complicated and asks for a professional, who is capable to fully understand your invention in the light of the IP practice.
Therefore, consult with us on the stage of the startup creation, be open about possible weaknesses, so we could diminish them with our tools and experience.
We often analyze patents owned by startups for our clients who want to invest in the project. If the application was written without thought, i.e, does not provide necessary monopoly, this can result in the appearance of the competitive patents, up to complete closure of the field. The worst-case scenario is that the examined patent does not protect the existing product, and we are not able to file new “correct” application, as it was already covered by the competitor. Of course, we do not recommend to invest in such a situation.
In the company practice there are situations when you need to protect a startup that you already bought. For example, we had to protect unique “Indian Viagra”, which was already bought from the Indian startup. Our search department conducted a patent search and revealed, that the product was indeed developed by Indians, but by completely different company, and 4 years ago. The initial inventors had their own patent with the drug described in full detail, so, eventually, our specialists didn’t have any opportunity to help with that case.
So, if you consider investing in the startup, do not hesitate to consult with our specialists before the purchase.
In addition to the technical essence of the startup, an important component is its “appearance” – the name, logo, slogan – which also needs to be protected. To do this, we offer trademark registration (TM). The first step in registration is to search for similar TMs on your project territory.
At first glance, there is nothing complicated in obtaining a TM and many lawyers register them. However, you need to be careful and prepare the ground for registration by searching for TMs. A startup is an investment project, and trademarks are usually registered within two years. Thus, without search, your trademark may not be registered or you will receive a certificate, but there will be competitors with the same TMs and you will not be able to do anything.
The next step is to develop a protection strategy through TM. There are many types of TMs, and the task of choosing the best option (or several options) for you is worth leaving to competent professionals. For example, it may not be necessary to register a word because it is doomed, on the contrary, it may be worth registering only a part of a word or phrase, sometimes it is necessary to add a graphic symbol, sometimes not.
Thus, for IP protection of your startup, you can choose any option – from the most basic to advanced registration package. Even at the very beginning of the startup’s existence, there is an opportunity to include a brand protection strategy (in particular, territorial) in the project business plan for investors, having implemented and chosen the main – basic protection option. This basic option should be minimal, but sufficient.
Comment: Intectica has experience in developing any level of protection that will allow you to confidently disclose your idea without the possibility of plagiarism.
Patent protection is obtained via an invention patent or a utility model patent. The invention patent provides 20-year patent protection (for medicines for a maximum of 25 years), and the utility model patent – 10-year protection.
There is a common algorithm for obtaining the patent. The first step in this algorithm is to draft and file a patent / utility model application.
Regardless of the country and patent type, the patent application has a common form, namely it consists of an abstract, description, claims and, if necessary, drawings. Moreover, the scope of the rights is determined only by the patent claims, and the description contains the necessary, but purely accompanying information. Therefore, the main task when filing the patent application is to carefully formulate the clauses of the claims that will provide the broadest patent protection.
In addition, the patent object, which is described in the application claims, must be protected, i.e. meet the conditions of patentability – novelty, inventive step (not necessarily, depends on the patent type) and industrial applicability.