PATENT SEARCH

Before you apply for a patent, it is important to conduct a comprehensive search for patent information. This step in the application process helps you to avoid wasting time and money by duplicating work that’s already been done.

Performing a search prior to applying is vital as it helps you to:
• determine whether you can protect your IP i.e., does your invention meet the various requirements for successful grant of a patent
• determine whether you are infringing someone else’s IP
• learn about the competition or for research purposes
• determine who owns an item of IP
• check that your IP is not being infringed
• obtain product information on your competitors.

FREEDOM TO OPERATE

Freedom to Operate”, abbreviated “FTO”, is usually used to mean determining whether a particular action, such as testing or commercializing a product, can be done without infringing valid intellectual property rights of others.

Since IP rights are specific to different jurisdictions, a “freedom to operate” analysis should relate to particular countries or regions where you want to operate. Determining whether there is freedom to operate in any particular jurisdiction is a major reason why patent databases are so important.

If there are valid intellectual property rights of others that would be infringed by the action you want to take, you may be able to obtain freedom to operate with respect to any one of those rights by negotiating for a license with the owner of the IP rights.

TRADEMARK SEARCH

Before committing to register a particular trade mark it is important that you conduct a comprehensive search to make sure the trade mark you want to use is available. A trade mark search will disclose both registered trademarks and trademarks applied for.

Our comprehensive search resources give you access to the information you need and help you determine:

  • Whether the name or logo you want to trade mark is already in use
  • If your new product name or logo can be protected by trade mark registration
  • An overview of similar trade marks in the market
  • Whether or not the use of your new product name or logo will infringe on another person’s rights.