US-Based Product Clearance Searches

Companies often conduct a product clearance search before launching a new product.  This search helps to avoid an infringement lawsuit, which could damage the company.  We can help you with clearance issues at any point in the product life cycle.

Focus on In-Force Patent Claims

A product clearance search looks for unexpired patents that read on a product.  If infringement exists, you can take steps to avoid the patent.  These steps may include conducting an invalidity search or designing around the patent.  The company may also choose to license the technology.

A legal opinion assessing infringement risks often follows a clearance search.  In the U.S., only a patent attorney can draft an infringement opinion.

Lay Searchers Should Not Conduct Product Clearance Searches

Lay patent searchers lack formal legal training.  In our opinion, they should not conduct product clearance searches.

A product clearance search raises legal issues of claim construction and patent infringement.  A searcher must first decide the claim scope of each relevant patent.  Then they must determine whether the product infringes the claims.  Lay searchers are in over their heads if they try to engage in this analysis.

As registered patent practitioners, we have the qualifications to decide these issues.

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