A Patent Infringement Search is undertaken to verify whether a product, process, or technology infringes on the legally protected rights of existing patent holders. This type of search is crucial for businesses, inventors, and legal experts to evaluate the potential legal risks before launching a new product or implementing a certain technology. Unlike a Freedom to Operate (FTO) Search, which examines whether a technology can be used commercially without legal hurdles, an infringement search focuses strictly on identifying violations of already granted patents, rather than pending applications or broader market considerations.
Primary goals of a Patent Infringement Search:
- Detect possible infringements – Determines whether a new innovation overlaps with the scope of existing, enforceable patents.
- Mitigate risks pre-launch – Enables organizations to avoid potential lawsuits and financial penalties by assessing legal exposure.
- Formulate legal defenses – Provides insights needed to build legal arguments in the event of an infringement claim.
- Facilitate licensing or product adjustments – Helps decide if licensing agreements are required or if design changes are necessary to steer clear of infringement.
- Strengthen competitive positioning – Reveals competitor’s patent holdings that could influence a company’s innovation or R&D strategies
Core steps in a Patent Infringement Search:
Target enforceable granted patents
Concentrates only on patents that are granted and legally enforceable, excluding those still under examination.
Thoroughly compare patent claims
Involves analyzing the product or technology against existing claims to identify overlaps or violations.
Review jurisdictional coverage
Since patent rights vary by country, the search must account for legal conditions in specific geographic regions.
Distinction between Patent Infringement and FTO Searches:
- An infringement search examines direct violations of patent rights, while an FTO search evaluates whether a technology can be used legally in a commercial context.
- FTO searches consider both published applications and granted patents, whereas infringement searches are confined to granted and enforceable patents.
- FTO searches are typically proactive business tools, while infringement searches are conducted as legal safeguards to pre-empt disputes.
By thoroughly conducting a Patent Infringement Search, organizations and innovators can avoid expensive legal challenges, enhance their IP strategies, and confidently introduce new products without overstepping existing patent protections.