Patent Infringement Search
An Infringement Search seeks to confirm that your new product won't infringe upon
any in-force patents.
How Infringement Search Search differs from Clearance Search
An Infringement Search is similar to a Clearance Search or Freedom to Operate Search
but there is a distinction. Infringement Searches and Clearance Searches both seek
to ensure that new or planned products can be brought to market without fear of
litigation from patent-holders. However, an infringement search limits itself to
enforceable patents solely in the country where you plan to market the product.
Another way to think of it is a Freedom to Operate search in just a single country.
A Clearance Search takes a broader perspective and attempts to determine where you
could legally market your product.
When to conduct a Patent Infringement Search
Ideally, you will conduct an Infringement Search very early in the product cycle
to avoid wasting valuable R&D budget on a technology that you you could not
commercialise. In fact, it can be useful to conduct a preliminary Patent Infringement
Search at the same time you conduct a Novelty Search to avoid potential infringements
and help direct product development. However, at the latest, you would want to confirm
your new product doesn't infringe existing patents before moving into production.
Constructing claims for Patent Infringement Searches
Companies often wait too long before conducting an Infringement Search because they
are unsure of exactly what final form the product will take. However, as soon as
you have an indicative direction, it's best to create a set of claims for your embryonic
product and test its legal viability with a Patent Infringement Search. Once you
have started the Infringement Search it can be maintained throughout development
and commercialisation with ongoing monitoring.
What a Patent Infringement Search includes and excludes
Since an Infringement Search is concerned only with enforceable patents, it searches
only patent documents within the country where you intend to market your product.
It excludes:
- Expired patents
- Patents in countries where you aren't marketing
- Non-patent literature.
Why an Infringement Search is a wise early investment
It's never too early to conduct a Patent Infringement Search. Scientists and engineers
tend to want to defer until their product takes a more concrete form but by then
it can be too late. You may already have wasted precious research budget. Smart
organisations conduct Infringement Searches early - and maintain them throughout
the development and commercialisation process.
Learn more about Searching
Learn more about our other Patent Search services or
contact Filament today to discuss your Infringement Search requirements.