Patent register

from Wikipedia, the free encyclopedia

Patent registers are publicly accessible and searchable directories that contain at least formal information ( bibliography ) on patents and their applications . Often they also offer extensive content information in an extended inventory. In German jargon they are sometimes referred to as "Rolle" or "Patentrolle". There are also registers for trademarks and designs (formerly "registered designs").

Purpose, legal basis

Patents and their registrations are territorial prohibition rights on inventions considered worthy of patent. As such, on the one hand, they can have a significant commercial impact on anyone in a certain territory. Since, on the other hand, inventions and the rights based on them are of an immaterial nature, it cannot be recognized a priori

  • what scope of content these rights have,
  • who is the owner (owner) of these rights,
  • when they were created, what the current status is, how long they run, etc.

The above circumstances mean that there is a massive factual interest in making information of a formal and content-related nature about patents accessible. In addition to the factual interest, there is also the general rule of law requirement of legal security, i.e. the legal planning of projects. Officially managed patent registers serve these interests and needs, among other things. Due to the respective laws, all important patent offices in the world are now required to maintain a register of the patents and applications they administer.

In German patent law, a register is required in Section 30 PatG. In the European Patent Convention, a patent register is required in Art. 127 EPC.

Types, delimitation

Pre-digital age

In the pre-digital age, registers were kept on paper and formal data from them (time, owner, status, rudimentary contents, ...) were made periodically (for Germany, e.g. weekly) as subscribable booklets and - later - also made available on microfiche . In German jargon, these pronouncements were called "Patentblatt". The sorting criterion here was the classification information and the applicant information, so that competitors could keep themselves up-to-date on technical fields and competitors of interest. In addition, in some places the printed patent applications and patents were also stored in paper sorted by class so that the full content of the applications could be viewed there. In the case of further interest, inspection of the files could be requested.

For legal reasons and for internet-independent documentation, various patent offices continue to offer electronic register information in the form of a booklet that can be periodically downloaded .pdfs, some of which are still called "Patentblatt".

Situation today: databases and the Internet

The official registers are now kept electronically. Many offices have also switched to at least making their own holdings accessible electronically and then also via the Internet. Various offices then came up with the idea of ​​uniting their own holdings with those of other offices, so that today there are different official databases, some of which are similar, some of which are different.

Since the operation of databases is also carried out on a private and commercial basis, the need for private operators to include patent information in their own data collections arose.

Officially maintained registers

Most countries around the world have patent offices that are responsible for maintaining the inventory of patents and applications that are valid for the respective territory. As a rule, they now keep their registers electronically accessible via the Internet and maintain the contents so that they are up-to-date. For historical reasons, some patent offices maintain different databases, while others offer standardized access.

The minimum content of the official register is the bibliographical information on a patent or an application regarding legally relevant points in time, owner and rudimentary contents (e.g. classification, title). In addition, the legal status, full file access and patent family information can be available.

Private databases

There are private databases that take the patent applications and patents from the official databases and add them to their own collections. You can focus on the technical content and combine it with other sources that may also contain other technical and scientific literature than patent literature. In this way they integrate the patent literature into the rest of the technical-scientific literature and make it accessible. This transfer to private registers is usually free of charge for the owners of the patents (or applications).

Formal data on patents are usually not updated in technically oriented databases (e.g. changed owner, changed status).

Fraudulent registers

There are also registers that give the impression of being official (for example by means of similarly designed stationery, similar logos) and whose operators offer patent applicants and proprietors by post to have their patent registered in such a register for a fee. It is often given the impression that rights have been lost if a fee is not paid (at short notice) for the inclusion of a property right in the register. In a legal sense, these registers are meaningless. In fact, their contents, both in terms of the entire inventory and in relation to the individual rights, lag significantly behind the officially maintained registers, so that they are in fact mostly worthless. When bills are paid for such "registrations" there is usually no equivalent.

Delimitation: Publication of patents and applications for them, inspection of files

In a legal sense, something different than access to register information is the full publication of patents and their applications. A justification of the patent system lies in a do ut des : The owner receives a temporary right of prohibition not only because of an amortization idea regarding the development work, but also only in return for the fact that he publishes his invention and thus enriches the generally available knowledge. That is why not only register information is published in patent registers, but also patent applications and the patents resulting from them. In fact, the publication of register information and patents and their registrations regularly go hand in hand. The necessary data is kept in the same database and is often linked to one another.

In addition to the publication of the register information and the patents and their registrations, many patent offices also offer the possibility of full inspection of the files of the individual rights, so that third parties can find out what the history of a patent was, how it was argued for and the like. Some patent offices (e.g. DPMA, EPA, USPTO) allow this to be done online by viewing the digital files.

Effect of the entry in the register

In the official registers, the owner of the respective right is regularly indicated. This entry regularly has the effect that the specified owner is entitled to work for the application or the patent, e.g. B. to conduct the patent grant procedure or the opposition procedure, or to use a patent in an infringement procedure (procedural legitimation). (Natural or legal) persons who are not registered as owners are not entitled to participate in the procedure. However, in many systems, fee payments for patents and their applications can be made by anyone. The entry of a person in the register of the German and the European patent office as the owner does not mean that he or she is actually the owner of the respective right (the entry in the register does not constitute a legal constitution). The actual owner / holder / beneficiary may be different from the registered owner.

Time of entry in the register

In many patent systems, the registration and publication of a patent application are linked. In many systems, the publication of a patent application - and thus the entry in the register - takes place 18 months after the applicable seniority (filing date or priority date). This means that patent applications have a latency period of one and a half years, during which, for systemic reasons, they cannot be found either bibliographically using formal entries or searching for content.

Changes to the register entry of official registers

Entries in the officially kept registers can be changed, for example to correct errors or to register changes. Legal status information is often kept up to date by the authorities. Information on the applicant / owner will be updated upon request, possibly for a fee.

Register of some countries or regions

Germany

The German Patent and Trademark Office (DPMA) maintains register and other database information.

Register of the DPMA

The legally required patent register can be found at register.dpma.de . Here you can find the bibliographic data of the various patents and registrations and can also inspect files online.

DEPATIS

DEPATIS stands for " DE utsches PAT ent I information S ystem". It combines the holdings of many patent offices and therefore also provides patent family information and allows queries to be made about applications that are not pending at the DPMA. It can be found at depatisnet.dpma.de .

German Patent Gazette

For internet-independent documentation, the German Patent and Trademark Office continues to offer electronic register information as periodically downloadable .pdfs. You are linked to register.dpma.de/DPMAregister/blattdownload/pat .

Europe

The European Patent Office (EPA) also offers a register and extensive database information.

EPO register

The legally required register is accessible at register.epo.org . Here you can find the bibliographic data of the various European patent applications and can also inspect files online. Patent families can be queried.

Espacenet

Espacenet provides access to patent documents from around the world. It's at worldwide.espacenet.com . Patent families can be queried. A translation tool is also available for certain language combinations.

Inpadoc

Inpadoc is the summary name of the EPO database from which z. B. its register and Espacenet are operated. Inpadoc can also be accessed directly for bulk downloads. Access is at www.epo.org/searching-for-patents/legal/inpadoc_de.html#tab1 .

European patent gazette

For internet-independent documentation, the EPO continues to offer electronic register information as periodically downloadable .pdfs. They are linked to www.epo.org/searching-for-patents/legal/bulletin/download_de.html.

United States

The USPTO (Untied States Patent and Trademark Office) provides access to its databases via patft.uspto.gov/ .

Japan

The JPO (Japanese Patent Office) offers access to its holdings at www.j-platpat.inpit.go.jp/web/all/top/BTmTopEnglishPage . A Japanese to English translation tool is available.

Trademark register, design register

Similar interests and requirements as for patents apply to other types of property rights, namely to trademarks and designs (formerly "registered designs "). Registers are also kept and maintained for these property rights:

Web links