
Patents, Utility Models and Designs
An essential part of our philosophy as ’s technical team is to suggest to researchers and inventors that, before starting a new research, development, and innovation (R&D&I) project, they should be aware of all the information that has been previously disclosed in relation their your project, in order to use this information as initial input and innovate on it to obtain a patentable invention in the future.
An equivalent search allows us to know if there is a patent application from the same family as a particular patent document in a specific country, in this case Chile.
A distinctive feature of trademarks and domain names is that they are renewable rights. Registered trademarks, for example, have a validity of 10 years, which can be renewed for an identical period and so on. In the case of domain names, their duration is variable (1, 2 ,and up to 10 years), but also renewable over time. At JarryIP, as we understand that a product’s trademarks and websites are essential for the continuity of a company or business, we provide comprehensive advice on renewals and their complexities.
To evaluate the Prior Art and the Feasibility of Intellectual Protection of a possible invention we conduct our Patentability Analysis process, based on the technical information provided by the inventors. Using this information and the results of a Prior Art search, our technicians will analyze the information and issue an expert opinion on the feasibility of patenting and/or the possibility of protection by another convenient means of the results of the research under analysis.
This service consists of the periodic surveillance of technologies of interest through different channels: Official Gazette: it provides a constant update regarding patent applications from third parties that could be of interest in order to oppose them. Based on the keywords provided by the client, the Official Gazette is reviewed, and a weekly report is delivered with the findings. General Surveillance: it provides a constant update on a particular technology regarding patent applications published in different territories. It consists of searching for information using keywords of interest (~10 words) in patent databases in English and Spanish, scientific dissemination and general dissemination. STAGE 1. Collecting all the information available to date and providing a report with a list of citations of the documents found. STAGE 2. Monitoring of the information depending on the preliminary search and the information found. As required by the client and depending on the technology in question, a monthly/quarterly/semi-annual report can be provided.
In order to initiate the development and commercialization of a new product or process, it is highly recommended to conduct a Freedom to Operate (FTO) study in the territory of interest to reduce the risks of infringement of third parties intellectual property rights and to define marketing strategies based on the results of the study. The process for conducting an FTO study consists of the following: first, Product/Process/Use Definition, then Freedom to Operate (FTO) Search and finally, Freedom to Operate Analysis
This service includes finding all applications and patents filed in INAPI related to a particular active ingredient, including formulations, indications (new uses), preparations, methods, combinations, etc.
Our technical team at JarryIP specializes in drafting patent applications, utility models, and designs with a technical-legal-commercial approach, that is, a draft that not only focuses on obtaining a legal right, but that is also valid for exercise actions for its defense. It is always recommended to start with a Patentability Analysis. If this evaluation is positive, once the strategy of the objects that will define the scope of the invention has been defined, the preparation and drafting of the respective patent or utility model application can be carried out.
To quickly evaluate the status of a patent application filed by an inventor, entrepreneur, or StartUp company to determine its value and the protection strategy devised, we will conduct our GO/NO GO Analysis process, based on the technical information provided by the inventors or applicants, and in the legal information available in different Patent Offices. This analysis will provide our clients with a complete report, first, on the legal status of the patent application: its validity, compliance with critical deadlines, the possibility that that the patent application continues to be reserved in all countries. Secondly, the content of the patent application is evaluated: that the subject matter to be protected is susceptible to protection in the country where the patent was filed (Protectable Subject Matter) and that the wording of the claims as presented effectively protects the essence of the invention to be protected.
In case a complete analysis of the contents of a patent application, the scope of its claims and the possibilities of granting of said application is required, a service called Due Diligence will be used, which consists of searching the existing state of the art up to the filing date of the priority patent application, evaluating the information collected, and issuing an opinion and recommendations in relation to the patent application filed. In addition, the wording of the application is evaluated, both in form and content, to determine the scope of the protection requested and suggest strategies to be followed to ensure greater chance of obtaining the grant of the patent.