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Guide to STN Patent Databases – Basic Version - Paton - TU Ilmenau

Guide to STN Patent Databases – Basic Version - Paton - TU Ilmenau

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22 Family search<br />

22.1 Typical family searches<br />

142<br />

<strong>Guide</strong> <strong>to</strong> <strong>STN</strong> <strong>Patent</strong> <strong>Databases</strong><br />

opposition immediately when a patent is granted (e.g. DE or EP)<br />

Identification of potential markets for certain technologies<br />

Moni<strong>to</strong>ring competi<strong>to</strong>r activities in certain markets<br />

Finding family members in English (German)<br />

Finding family members for obtaining full-text documents<br />

Commercial evaluation and utilization of patents: it is important in how many and in which countries<br />

patents were applied for, e.g. in licensing negotiations or Due Diligence in mergers and acquisitions<br />

22.2 International patent families<br />

All patent publications in different countries that concern the same invention, form a patent family. The members of<br />

this patent family refer <strong>to</strong> the same initial patent application (the priority application). The legal basis for this is the<br />

Paris Convention for the Protection of Industrial Property of 1883. If a patent application is filed in any member state of<br />

the Paris Convention further applications can be filed in other member states within the priority term of one year<br />

and claim the priority of the first application. Merging world-wide patent publications in<strong>to</strong> one family representing<br />

an invention is an effective and time-saving way both for database producers creating family-based databases and<br />

for patent searchers <strong>to</strong> evaluate their search results.<br />

The publications of family members of one country are called national patent families.<br />

Types of patent families include:<br />

Conventional patent family<br />

The same priority application(s)<br />

The same applicant2/inven<strong>to</strong>r<br />

The same subject matter<br />

Non-conventional patent family<br />

No claim <strong>to</strong> the same priority application<br />

The same applicant/inven<strong>to</strong>r<br />

The same subject matter<br />

Technical patent families<br />

The same subject matter<br />

Competing patent applications or same applicant/inven<strong>to</strong>r<br />

When referring <strong>to</strong> patent families this usually means conventional patent families. These are covered in all data bases<br />

having patent families. Non-conventional and technical patent families are much more special and are covered in<br />

few patent databases (DWPI, IMSPATENTS).<br />

2 The right <strong>to</strong> a priority can be transferred.<br />

an

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