Let’s look at the two scariest patent searches! An inventor should run two different types of patent searches, and mixing them up is a huge mistake that can cost millions.
1. Patentability Search: Answers the question, "Is my invention new enough to get a patent?" To be granted a patent, an invention must be both novel and non-obviousness. This is the search that investigates those issues. It also looks at whether the subject matter is patentable, but that’s often something a patent attorney can advise you about before you have this search done.
2. Freedom-to-Operate (FTO) Search: Answers the question, "Can I legally sell this product without being sued?" This search looks at active patents whose rights are still enforceable to see if your invention contains components or processes that any of those patents protect, and to see whether your invention is committing infringement by including those parts or processes. This kind of search is much more expensive than a patentability search, and that’s because the level of detail and time necessary to do the search and analysis of results are much more extensive. It’s still less expensive than infringement litigation, however.
The Lesson: Getting a patent is risky if you haven't done a freedom-to-operate search. Don't rely on the USPTO to check for infringement; that's ultimately your responsibility. Always get a freedom-to-operate search before you invest in manufacturing to ensure your path to market is clear!
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.
You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.
If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.
The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.
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