Q. What is Patent monitoring?

The professional search agents at IPX analyze the patent database each week for new published patent applications that could be "infringing" on the claims of your issued patent. Patent monitoring provides you with timely notice of any new, potentially harmful patent applications as they become available – making it possible for you to prevent a competitor’s infringing application from being issued as a patent.

Q. How can I use patent monitoring to oppose a newly published application before a patent is issued?

When patent monitoring identifies an infringing application, your attorney can oppose it by various statutory means – including Protests, Re-Examinations, and Interferences. Formerly, a patent was not made "publicly available" until issuance. With recent legislation, a patent is now made available as a patent application before the issuance date. This allows you to object to the application before it becomes a patent.

Q. Why don’t I just wait and oppose the patent application after it’s been issued?

Infringement suits are costly and time consuming. By challenging the patent while it is still in the application stage, you may be able to "steer clear" of an unnecessary patent infringement suit by objecting to the claims of the patent application to the  patent examiner before the patent application is granted. And since it is generally a lesser burden of proof to challenge the patent application during the publication stage, it is in your best interest to intervene before a patent is issued because the law generally favours the rights of  the patent holder.

Q. What is the error margin for patents that are issued by the USPTO?

The error margin on issuing new patents in 2001 was 5.4 percent, an improvement from 6.6 percent in FY 2000. Over the past 18 years, this error has varied from 3.7 percent to 7.6 percent.  This means that patents are still issued in error each year by the USPTO, which means you need to be extra diligent to make sure that new patent applications in your area do not infringe the claims of your patent.  Remember, ignorance is not a defence in the court of law.  Don't wait until a competitor's patent application has issued to a patent to take action!