Avoiding Patent Infringement: How a Patent Search Can Save You from Costly Lawsuits

Avoiding Patent Infringement

Innovation is the lifeblood of any successful business. But with innovation comes the risk of patent infringement, which can result in costly lawsuits and damage to your brand. In today’s competitive market, it’s more important than ever to protect your intellectual property. That’s where patent search comes in. By conducting a thorough search of existing patents, you can identify potential infringement risks and take proactive steps to avoid them. In this article, we’ll explore the importance of patent search and how it can save you from costly legal battles. Whether you’re an entrepreneur launching a new startup or a seasoned business owner looking to protect your intellectual property, understanding the basics of patent search is essential. So, let’s dive in and get started!

What is patent infringement?

Patent infringement is the unauthorized use, manufacture, or sale of an invention that is covered by a patent. When a patent is granted, the owner of the patent has the exclusive right to use, sell, or license the invention for a certain period. This period is normally 20 years, although longer in certain circumstances.

If someone uses, makes, or sells a product that infringes on a patent, the patent owner can sue for damages and ask the court to stop the infringing activity. Patent infringement can occur in many forms, such as using a patented process, making a product that is covered by a patent, or selling a product that infringes on a patent. Even if the infringement is unintentional, it can result in costly legal battles and damage to your reputation.

The importance of patent search

The best way to avoid patent infringement is to conduct a patent search before launching a new product or service. A patent search helps you determine whether a particular invention or idea is already protected by an existing patent. By identifying existing patents, you can avoid infringement risks and take proactive steps to protect your intellectual property.

A patent search can also help you identify areas where you can improve your products or services. By analysing existing patents, you can identify gaps in the market and come up with new and innovative ideas. This can help you stay ahead of your competitors and drive business growth.

Types of patent searches

There are several types of patent searches, including:

  • Novelty search
    A novelty search helps you determine whether your invention is new and non-obvious. This type of search is conducted before filing a patent application to ensure that the invention meets the requirements for patentability.
  • Infringement (Freedom-to-Operate) search
    An infringement search helps you determine whether your product or service infringes on an existing patent. This type of search is conducted before launching a new product or service to avoid potential legal battles.

Conducting a patent search

Conducting a patent search can be a complex and time-consuming process. However, there are several resources available that can help you conduct a thorough search. These resources include:

  • Patent databases
    Patent databases such as the USPTO (United States Patent and Trademark Office) and the EPO (European Patent Office) provide access to millions of patents worldwide. These databases can be searched by keyword, inventor, assignee, and other criteria.
  • Patent attorneys
    Patent attorneys can help you conduct a thorough patent search and provide legal advice on intellectual property matters. They can also assist you in filing a patent application and defending your patents in court.
  • Patent search firms
    Patent search firms specialize in conducting patent searches and providing detailed reports on existing patents. These firms can help you identify potential infringement risks and develop strategies to protect your intellectual property.

Understanding patent classification

Patent classification is a system used to organize patents into categories based on their subject matter. Understanding patent classification can help you conduct a more effective patent search and identify relevant patents in your field.

Patent classification systems vary by country. In Europe, patents are classified using the International Patent Classification (IPC) system, which includes over 70,000 subclasses. In the US, patents are classified using the USPTO’s classification system, which includes over 400 classes and over 140,000 subclasses. There is also the CPC (this is a combination of the European classification (ecla) and US classification schemes.

How to interpret patent search results

Interpreting patent search results can be challenging, especially for those who are not familiar with patent law. However, there are several key elements to look for when reviewing a patent search report. These include:

  • Relevant patents
    Look for patents that are relevant to your invention or idea. These patents may contain information that can help you improve your product or service or show if your invention is patentable.
  • Patent claims
    Patent claims describe the scope of a patent owner’s exclusive rights. Understanding patent claims can help you determine whether your product or service infringes on an existing patent.
  • Patent citations
    Patent citations are references to other patents that are relevant to a particular invention. Understanding patent citations can help you identify related patents and analyse the existing state of the art.

The benefits of patent search

Conducting a patent search has several benefits, including:

  • Avoiding infringement risks
    By conducting a patent search, you can identify potential infringement risks and take proactive steps to avoid them. This can help you avoid costly legal battles and protect your brand reputation.
  • Identifying new opportunities
    By analysing existing patents, you can identify gaps in the market and come up with new and innovative ideas. This can help you stay ahead of your competitors and drive business growth.
  • Improving your products or services
    By analysing existing patents, you can identify areas where you can improve your products or services. This can help you stay ahead of your competitors and provide better value to your customers.

Patent infringement lawsuits

If you are accused of patent infringement, you may face a costly and time-consuming legal battle. Patent infringement lawsuits can result in damages, injunctions, and even the invalidation of your patents. It’s important to take proactive steps to avoid patent infringement and protect your intellectual property.

Conclusion and final thoughts

In conclusion, a patent search is a crucial step in protecting your intellectual property and avoiding costly legal battles. By conducting a thorough patent search, you can identify potential infringement risks, stay ahead of your competitors, and provide better value to your customers. If you’re not familiar with patent law, consider working with a patent attorney or patent search firm to ensure that your patent search is comprehensive and effective. Remember, innovation is important, but protecting your intellectual property is essential for long-term success.

 

PatWorld are experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. Need help in deciding which search you need? Email: [email protected] for information.

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Winner at the 2023 BioFest Invest Event – VPN

We would like to congratulate Vascular Perfusion Solutions, Inc. on their win at the 3rd annual BioFest Invest Event . This event is hosted by BiomedSA, and as a result of their win, Vascular Perfusion Solutions will be receiving an annual subscription to PatWorld.

Isabella Cano – Research Engineer at VPS

PatWorld is a professional patent database for R&D that provides users with access to millions of patents from around the world. With this subscription, Vascular Perfusion Solutions will have access to the latest information in their field and be able to stay ahead of the competition. We are excited for them as they embark on this new journey with PatWorld!

Vascular Perfusion Solutions, Inc. is a medical technology company based in San Antonio, Texas. They are developing the VP.S ENCORE® designed to have a significant impact on patients awaiting lifesaving or life-altering transplant surgeries by extending the viability of organs outside the body, and by extending the time for transport compared to traditional ice cooler technology. The goal in developing the VP.S ENCORE® includes the ability to expand the donor organ pool, optimizing matching of the donor organs, and to minimize rejection. VPS believes that machine perfusion devices for preserving organs should be simple, portable, and accessible to all patients needing a lifesaving organ. Evidence-based science is the root of what they do, and they use science and engineering to provide simple, elegant, and effective solutions to preserving the life of organs beyond the standard of care.

On April 19th, Vascular Perfusion Solutions competed in the 3rd annual BioFest Invest Event hosted by BiomedSA. BioFest Invest is a pitch competition for Texas bioscience companies to present their life changing products to potential investors, network among the MedTech industry, and learn from industry professionals. VPS pitched among 13 other bioscience companies from the greater Texas area. VPS was represented by Research Engineer, Isabella Cano, who has been part of the team since June 2021. The pitch presented the impact of the lifesaving technology of the VP.S ENCORE® and its competitive advantages. Vascular Perfusion Solutions received the best pitch award among all the competitors and was awarded a prize package of $10,000, SBIR consulting, a marketing strategy consult, a press release, and a membership to PatWorld.

www.vascularperfusion.solutions

Isabella and the team at VPS were delighted to receive the prize from PatWorld. To ensure they could get the most out of the platform, we delivered a personalised demo that was tailored to their specific needs. This gave them an in-depth look at how PatWorld can help them with R&D activities and how it can be used to improve their processes.

If you’re interested in learning more about PatWorld, you can sign up for a demo at https://calendly.com/patworld/demo. By taking advantage of this offer, you will be able to explore all the features and functions of the platform and see first-hand how it can benefit your business.

We at PatWorld are also experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. Need help in deciding which search you need? Email: [email protected] for information.

If you enjoy our content here, you’ll love the stuff we share on LinkedIn, follow us now. Not on LinkedIn?  Check out our other social media sites:

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Sodium-ions – Powering the Battery Revolution

Sodium-ions – Powering the Battery Revolution

Batteries are a key component in our daily lives; from cars to remote controls, it is hard to stray far from technology utilising a battery for its power source.

For many years the standard in this field has been the lithium-ion battery, however there are now a variety of alternatives aiming to overthrow lithium’s dominance, with sodium-ion batteries seen as a leading contender in the battery revolution.

Daniel Di Francesco IP Manager at PatWorld shares his thoughts on the battery revolution as seen via patents. Read the full article in the latest issue of the Global IP Matrix.

 

Sodium-ions: powering the battery revolution

Daniel Di Francesco, is an Intellectual Property Manager at PatWorld. He is an expert in undertaking patent searches including for Freedom to Operate, Patentability and Invalidity, covering all types of subject matter with specialism in the chemical field.

PatWorld are experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. Need help in deciding which search you need? Email: [email protected] for information.

If you enjoy our content here, you’ll love the stuff we share on LinkedIn, follow us now. Not on LinkedIn?  Check out our other social media sites:

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FemTech – Highlighting Innovation in the Technology Space

FemTech – Reviewing Patents to Highlight Innovation

Clare Gibson Senior Patent Analyst at PatWorld shares her thoughts on the Innovation in FemTech by reviewing patents.

“FemTech” is a relatively recent term coined in 2016 by the Danish entrepreneur Ida Tin, creator of the period and menstruation tracking app “Clue”, where the term is now synonymous with technology focused on women’s health. Such technology often includes software, diagnostics, products and services, with a large proportion holding female reproductive health at its core. For example, fertility solutions, menstruation tracking apps, pregnancy care, nursing care, sexual wellness, contraception, and general reproductive health care are a few areas where FemTech operates.

Read the full article in the latest issue of the Women’s IP World Annual.

Clare Gibson is a Senior Analyst at PatWorld and an expert in undertaking FTO, Patentability and Invalidity searches, covering all types of subject matter with specialisms in Physics and Mechanics.

PatWorld are experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. Need help in deciding which search you need? Email: [email protected] for information.

If you enjoy our content here, you’ll love the stuff we share on LinkedIn, follow us now.

 

25% OFF an Annual Subscription to PatWorld – March 2023 Discount Only

Are your Patent database renewal rates going up significantly?

Are you being charged for data exports and features? See our March promotion for serious savings.

Consider PatWorld at renewal and compare our pricing and how all added features such as charts & graphs and data exports are all included in one simple price.

We are offering a 25% discount on annual subscriptions during March 2023. Annual discount price = $USD 1917.00 / seat until the end of the month.

Book a free demo: https://calendly.com/patworld/demo 

 

What do our clients think of PatWorld?

As a patent Attorney with a broad range of clients from SMEs to Multinationals, PatWorld provides all the tools I need at a great price point to carryout patent searches for my clients. The chart dashboard and relevance sorting tools in particular enable me to quickly identify patents and patent trends for my clients.

 

SIGN UP to PatWorld for FREE 24 HOUR Trial (no payment details needed).

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Not quite ready to sign up? Reach out to [email protected] for further information.

New Patent Busting Tool available in PatWorld

Use the New Patent Busting Tool from PatWorld

In the latest updates to the PatWorld database our new Patent Busting tool allows users to automatically find good results against a patent.  Just enter the patent number and the software will run the search displaying its top 100 results.

For more details on the latest updates why not book a demo at https://calendly.com/patworld/demo

Further information on new features and improvements is available via the Help pages on the PatWorld platform.

Why not check out our Business and Intelligence page for information on how PatWorld can be used to gather business intelligence and inform research and development.

Leveraging Patent Data

Bringing a new technology or invention to market

Bringing a new technology or invention to market can be a long and arduous process. From conception to financing, from understanding the market and keeping tabs on competitors, the journey can be like threading a needle.

Understanding which companies are working in the same technology area as you can be beneficial. If your competitors have filed several new patents more recently this indicates active research and development. Further examination of the patents in detail will provide insights into the nature of the product, the underlying technology and how much it differs from products currently in-market. In addition, companies will monitor their competitors patent filing over time to keep an eye on their research and development.

On the flip side, if your competitors are sitting on several older patents in a particular technology area this indicates lack of research or by extension their focus has shifted elsewhere.

Understanding what your competitors are doing

Why is it helpful to understand what your competitors are doing?  It can help you understand to what extent your product is different to your competitors. This is important if you are launching a new product, as potentially you could be accused of infringing an existing patent. Additionally, patent data can help you understand what technologies your competitors are working on, can help guide product development and provide insights into what your competitors may be bringing to market.

PatWorld Patent Intelligence Platform

This is where PatWorld comes in. Our Patent Intelligence Platform searches over 145 million patent documents worldwide. You can monitor activity around:

  • Your patent portfolio (get notified when one of your patents is cited against new publications)
  • Competitor activity (See new publications, new markets being protected and license agreements)
  • Get notified when new competitors protect innovative products.

If you would like further information on the PatWorld Patent Intelligence Platform (including on our current offers), email [email protected]. Or, if you’d like to book a Demo to understand how PatWorld can work for you, select a convenient time here.

PatWorld Research Services

In addition to our database, we can provide bespoke IP searches as well as our standard offering of Patent, Trademark and Design searches.

Ask us about our patent busting, freedom to operate and prior art searches and request a free quote. Most quotes are returned with 24 hours, and we can work with you if you have a tight timescale.

Contact us now for a free quote [email protected]. All enquiries are treated as strictly confidential, and our Non-Disclosure Agreement is available on request.

Does your company have patents? Are you monitoring activity?

Does your company have patents? You should be monitoring activity around:

  • Your patent portfolio (get notified when one of your patents is cited against new publications)
  • Competitor activity (See new publications, new markets being protected and license agreements)
  • Get notified when new competitors protect innovative products.

Not sure how PatWorld Alerts will work for you? William Chelton https://www.linkedin.com/in/willchelton/ provides advisory and consultancy services focussed on intellectual property (IP). In this short video he discusses how setting alerts in PatWorld is the easiest way to find out people who are innovating in your area. “I would set one of these alerts on all of my cases.”

With PatWorld you can access over 145 million patents. Features include:

  • Unlimited Alerts for Annual and Monthly accounts
  • Smart AI search,
  • Unlimited project storage,
  • Project sharing, and
  • Full online support from experienced analysts.

Visit http://patworld.com FIRST 24 HOURS FREE ACCESS

Will Chelton has more than 15 years’ hands-on experience in IP, including five years as a patent attorney in private practice and over a decade as in-house counsel at several of the world’s leading technology companies, spanning all aspects of IP strategy and management. His approach is to join clients as an extension of the team, to help them to make the right IP decisions for their businesses, and to support them through projects to deliver on their IP goals. To reach out to Will contact him via https://www.linkedin.com/in/willchelton/

Medical

What we can do for you

The medical field is continually evolving. Companies spend huge budgets each year on the research and development of new medical devices.

It is a truly worldwide market place with fierce competition thereby making the protection of new medical tech advancements essential.

PatWorld has a team of individuals that is ready to meet the challenges that this constantly evolving field presents. We understand and likewise support clients with the task of undertaking specialist searches.

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We assist with protecting and exploiting developments in a range of leading edge fields as diverse as:

Biocompatible materials
Biomedical engineering
Cardiovascular disease
Computer directed surgery
Diagnostics/Prognostics
Drug delivery
Electrotherapy / Radiation Therapy / Ultrasound Therapy
Endoscopy
Gastrointestinal diseases
Gene therapy
Inhaler technology
Medical Imaging
Medicinal preparations/therapeutics
Minimally invasive surgeries
Oncology
Ophthalmic
Orthopaedics
Surgical devices and implants
Wound Care

Should your search requirements converge with other technologies, out teams will draw upon each other’s knowledge and experience, with specializations including Bio-science, Chemical & Pharmaceuticals, Electronic, IT & Physics, and Electrical & Mechanical.

Electronics, IT & Physics

What we can do for you

Electronics

The team has significant experience and expertize in both digital and analogue electronics. Areas of expertize include telecommunication systems, control and power electronics, and device fabrication.

Information Technology

Our clients’ interests in computer science and IT include, computer architecture, secure systems, communications networks including local and wide-area networks, computer peripherals and telecommunications and broadcast technologies. In the software field, our searches include business process inventions, neural networks, data processing, image processing, data compression, encryption/decryption, the Internet of Things, communications protocols, operating systems and object-orientated programming techniques.

Physics

We handle a wide variety of physical-related technologies including optics, medical physics, imaging, superconductors, laser physics and quantum devices.

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Our teams are ready to meet the challenges of researching this leading-edge field. They understand and can assist with protecting and exploiting developments in subjects diverse as:

  • Aerospace & aerodynamics
  • Applied electronics
  • Artificial intelligence (AI) & machine learning
  • Automotive electronics
  • Biometrics
  • Communications engineering & telecommunications
  • Electrodynamics & electrical engineering
  • Energy technologies & power engineering
  • Environment technologies & environmental engineering
  • Information technologies
  • Laser physics & technologies
  • Lighting engineering
  • Measurement technologies
  • Medical engineering, medical physics
  • Optics
  • Propulsion technologies
  • Semiconductor physics & technologies
  • Software
  • Solid state physics
  • Speech & image editing

Should your search requirements converge with other technologies, our teams will draw upon each other’s knowledge and experience, with specializations including Bio-science, Chemical & Pharmaceuticals, Medical, and Electrical & Mechanical.

PatWorld Global IP Research Services

Patent, Design, and Trademark Research Experts with a combined experience of over 100 years in Intellectual Property searching. Highly trained, dynamic in-house research teams specialising in a wide range of subject matter. All our analysts follow a training program developed by former IPO Examiners. Our teams are available to discuss any specific technical points regarding your search enquiries.