A Patent Infringement Search is conducted to determine whether a product, process, or technology violates existing patent rights held by others. This search helps businesses, inventors, and legal professionals assess potential risks associated with launching a new product or using a specific technology. Unlike a Freedom to Operate (FTO) Search, which evaluates whether a company can commercially use a technology without legal issues, an infringement search is specific to analyzing violation risks against granted patents rather than published applications or broad market conditions.
Key objectives of a patent infringement search
- Assess potential patent violations – Identifies whether a new product or technology infringes upon existing granted patents.
- Evaluate risks before product launch – Helps companies minimize the risk of patent lawsuits or financial liabilities.
- Provide legal defense strategies – Assists in crafting counter arguments in case of infringement disputes.
- Support licensing and negotiations – Determines whether a business needs to acquire licenses or make modifications to avoid infringement.
- Help businesses navigate competitive landscapes – Offers insights into patents owned by competitors that may affect innovation strategies.
Steps involved in conducting a patent infringement search
- Identify relevant granted patents – Focuses solely on granted patents that are enforceable, as opposed to applications still under review.
- Analyze patent claims in detail – Compares product features with the claims of existing patents to spot similarities and potential violations.
- Examine jurisdictions of the patents – Since patent rights are territorial, it is critical to check infringement risks in specific operating countries.
How is patent infringement search different from Freedom to Operate (FTO) Search?
- Patent infringement search assesses direct violations, whereas FTO search ensures lawful commercial use of a technology.
- FTO searches include both published applications and granted patents, whereas infringement searches focus only on enforceable granted patents.
- FTO searches are proactive business strategies, while infringement searches are defensive legal assessments to avoid legal consequences.
By conducting a thorough Patent Infringement Search, businesses and innovators can steer clear of costly litigation, strengthen intellectual property strategies, and ensure smooth product launches without violating existing patent rights.