What is the importance of patent search?

What is the importance of patent search?

A patent search is an examination performed by an inventor or their attorney to determine whether the invention is new, useful, and non-obvious. This search may also be done to determine the validity of issued patents and to identify which particular aspects of prior art are patented.

How can you avoid patent infringement?

To avoid lengthy and expensive patent litigation, the company should at least consider potential modifications to the product’s design avoiding those patents, typically called “design-arounds.” The first step in avoiding patent infringement is obtaining knowledge of the patents that may be infringed by the product you …

Can you patent new technology?

The simple answer is no—you cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the U.S. Patent and Trademark Office (USPTO). While all inventions start with an idea, not every idea can be called an invention.

Should I do a patent search?

By doing a patent search and obtaining professional guidance from a patent attorney you will be able to determine whether it makes sense to move forward and what, if any, rights could be possibly obtained. There is no doubt that doing a patent search prior to filing any patent application is the best approach.

What happens if I infringe a patent?

When a court finds infringement, the infringer usually must pay damages to the patent holder, either in the form of actual damages or a reasonable royalty for the unauthorized use. The court typically, as a matter of course, issues a permanent injunction after the infringer is held liable for violating the patent.

How common is patent infringement?

And while there are 2,500 to 2,600 patent-infringement lawsuits filed in the U.S. each year, it is likely that many more U.S. patents are being infringed on a regular basis.

Can invention be protected only by patent?

An invention can be protected as a trade secret or through a patent.