Exploring the Challenges Faced by ‘Examination’ Phase of Intellectual Property (IP) Life Cycle – A Pilot Study

Abstract

This pilot study delves into challenges during the 'Examination' phase of the Intellectual Property (IP) life cycle, focusing on complexities in IP search. By addressing limitations in existing databases and the dynamic nature of technology, the study aims to comprehend their impact on decision-making. Employing qualitative interviews and developmental research over 16 weeks, the study identifies challenges, explores their specific aspects, and establishes a foundation for future research. Innovators underscore the crucial role of IP search in grant timelines, commercial use, and protection, emphasizing challenges in terminology and databases. Legally, IP search challenges impact accuracy, validity, and infringement risks, necessitating engagement with legal professionals and advanced tools for compliance and precision. Private companies perceive IP search challenges as pivotal for operations, requiring advanced technologies and engagement with IP experts. IP service providers face challenges in data complexity, terminology, and cross-jurisdictional differences, investing in research and advanced tools for accurate search services. Government offices see IP search challenges as vital for promoting innovation, focusing on patent quality and supporting domestic industries. Educators encounter challenges impacting information access, emphasizing collaboration and specialized tools for teaching enhancement. Respondents in the pilot study highlight challenges in readability, articulation, and translation during IP search examination. Process standardization issues and participants' knowledge levels in legal and technical aspects are crucial considerations. Limitations in existing tools and significant efforts throughout the IP life cycle are also emphasized. Findings suggest a need for improvements in language, standardization, legal knowledge, software functionality, and educational approaches to comprehensively address IP search challenges.