In intellectual property law, examination is the process by which an application for intellectual property rights (e.g., a patent, trademark, or design) is evaluated by a competent authority, namely the national or regional intellectual property Office. The purpose of this examination is to verify whether the application meets the legal and formal requirements necessary to obtain the right for which protection is sought.
For a patent, the examination focuses on substantive criteria such as novelty, inventive step, and industrial applicability, as well as formal aspects such as the clarity of the claims and compliance with filing requirements.
For trademarks, the examination aims to verify, in particular, whether the trademark is distinctive, not contrary to public policy and, in some countries, whether it does not infringe on prior rights.
For designs, the examination validates that the design is clearly visible and does not correspond to a purely technical or functional characteristic of the product.
This process may include a search for prior art, particularly for patents and trademarks, and exchanges between the Office examiner and the applicant to clarify or modify certain points. Depending on the type of right and the jurisdiction concerned, the examination may be strictly formal or more in-depth. The outcome of the examination determines whether the IP right is granted or refused.