InventionIP

Launching a new product is exciting—but before you spend a cent on manufacturing or marketing, there’s a critical step that often goes overlooked: the product clearance search. A product clearance search—also known as a freedom-to-operate (FTO) search—helps ensure your product doesn’t infringe on someone else’s intellectual property. Skipping this can lead to cease-and-desist orders, lawsuits, or complete product recalls. In this guide, you'll learn the complete process for conducting a product clearance search, why it's vital, and when to bring in legal experts. What Is a Product Clearance Search? A product clearance search is a legal and strategic process that checks whether your product may infringe on any active intellectual property (IP) rights. It involves: Searching for existing trademarks Checking for relevant patents Verifying potential copyright issues The goal is to identify conflic...

A Patent Invalidity Search is one of the most powerful tools in patent litigation and competitive strategy. It helps determine whether a granted patent is truly enforceable—or if it should have been issued at all. When a company is accused of patent infringement or wants to challenge a competitor’s intellectual property, this type of search is often the first line of defense. The objective is simple: locate prior art that proves a patent’s claims are not novel or are obvious. This guide walks you through how to conduct a comprehensive patent invalidity search, the legal grounds for invalidation, and tools and strategies that improve your chances of success. What Is a Patent Invalidity Search? A patent invalidity search investigates whether a granted patent is legally enforceable. It focuses on uncovering prior art—public disclosures made before the filing date of the patent—that may invalidate one or more of its claims. This search is typically used in: Patent infringement la...

Before investing in the preparation and filing of a patent application, it’s crucial to determine whether your invention is actually patentable. A patentability search report is the first step in that process. This report identifies prior art and provides a reasoned opinion on whether your invention meets the legal standards of novelty and non-obviousness. But what exactly is inside a patentability search report, and why does it matter? Here’s a complete breakdown of what to expect. Overview of a Patentability Search A patentability search—also called a novelty search—is conducted to check if your invention has already been disclosed publicly. This includes issued patents, published applications, academic articles, technical disclosures, or other documents. The purpose is...

A design patent protects the appearance of a product rather than its function. It’s one of the most misunderstood areas of intellectual property, yet it plays a powerful role in protecting visual innovation. This type of patent safeguards the ornamental design of an article, meaning its unique visual features—such as shape, surface patterns, configuration, or aesthetic aspects. If you’ve ever created a product that stands out due to how it looks, a design patent could protect that value from imitators. Unlike utility patents, which protect how things work, design patents protect how things look. And in many industries—fashion, tech, consumer goods, packaging—that look is the heart of a brand’s success. Definition of a Design Patent A design patent is granted by the United States Patent and Trademark Office (USPTO) to protect new, original, and ornamental designs applied to manufactured articles. To qualify: The design must be original and not copied from others It must b...