Searches

Cut your risks and costs

There are two main types of patent searches, which are often confused with each other. To understand them, it helps to consider the question they try to answer:

  • Patentability searches try to answer the question “Is my invention patentable?” It looks for any publications that predate your filing date (or today’s date if you haven’t filed) that show your invention may not be new or inventive

  • Freedom to operate searches try to answer the question “If I bring this product to market, will I infringe someone else’s patent?” For this type of search, we are exclusively looking for patents that cover your market, which are still in force (or pending) and potentially cover the product in question

It’s also important to note that FTO searches are often more complex and detailed compared to patentability searches.

Supporting you through patentability searches

We work with you to concisely summarise the invention into a searcher’s brief. This is sent to a UK-based searching firm who look for anything that might undermine your invention’s patentability. This process typically takes a few days. The firm we use is highly regarded and employs many ex-patent examiners who know what they are doing!

A lot of clients undertake a patentability search before they file their application. Doing so can head off unforeseen problems when the IPO searches the application, improving the quality of their patent application. We advise that clients who are new to their technical field undertake pre-filing searches to avoid any nasty surprises.

As mentioned, the IPO (or EPO) will carry out their own patentability search after filing, so some clients simply file and wait to see what comes back.

Saving money on freedom to operate (FTO) searches

Patent Offices do not tend to carry out FTO searches. You need to undertake one yourself. The main drawback is cost - these searches can run into the thousands. Therefore, it is important to take a focused approach.

Our approach, which leverages your industry knowledge, can reduce costs substantially. We look for a balance that mitigates infringement risks without blowing the budget. You can never totally derisk a new product launch, but we can help you get reassurance without spending a small fortune.