Patent Infringement Search
Are you a first-time inventor or other entrepreneur with an issued utility patent or design patent on your invention and want to get into production manufacturing products based on your invention? Or maybe you instead want to license your patent to a company that will manufacture such products in exchange for periodic royalties paid to you?
Well, before you do so, did you know that your issued patent might infringe (violate) one or more previously issued patents? Yes, a valid patent can issue that violates another issued and enforceable (not expired) patent that is of broader scope than yours. And the court-issued penalties for patent infringement can be stiff.
Therefore, you had better find out before you (or a licensee you get royalties from) makes products, uses products (typically customers who bought the product), sell or offer for sale (typically your distribution channels), or import products that violate such superior patent(s).
This allows you to adjust your business plans to take this into account. For example, you might try to obtain a license from the owner of the superior patent so you (or your licensee) can make, use, sell and import your products. You might even offer your patent for sale to the owner of the superior patent, particularly if it adds significant value to the owner's existing product line. You might even offer your patent for sale to a competitor of the superior patent's owner.
If none of the above-mentioned options do not 'pan out' so to speak, at least you know not to infringe the superior patent and just sit on your patent. That alone could save you mega-dollars in a patent infringement lawsuit.
1. Why do a patent infringement search?
You typically have a professional patent infringement search with written infringement opinion done before utilizing your patent (making, using, selling, or importing products based on your invention) to determine:
- Whether you, or your potential licensee(s), in utilizing your patent will likely violate (infringe) another enforceable, superior patent that is of broader coverage, thus incurring significant expenses defending and awarding of damages in a patent infringement lawsuit.
- Whether you or your potential licensee(s) can redesign your product so as to still be marketable yet not infringe the broader superior patent.
Our patent infringement search utilizes a key word type search of U.S. Patents in the database of the United States Patent and Trademark Office USPTO. The written infringement opinion gives you an idea of whether your patent infringes any issued patents that are still enforceable. However, this is not a guarantee or an absolute probabability since many factors can impact patent infringement.
2. How do I start the patent infringement search process?
We make getting your patent infringement search with written patent infringement opinion easy, quick, and less expensive than most companies. Just follow our easy 4 step process:
- Submit a Confidentiality Agreement
Simply follow the directions to complete a Confidentiality Agreement and electronically send it to us. We countersign it and electronically send it back to you.
- Description and Sketches of Your Invention
Following receipt of the counter-signed Confidentiality Agreement, complete the form below the Confidentiality Agreement including the inventor and invention information (including the patent number, any photos, drawings, or other files as attachments), and electronically send it to us.
- Quote for Your Patent Infringement Search
We carefully review your answers on the form, your patent, and any sketches or photos you might send us and provide a quote to have your patent infringement search with written patent infringement opinion prepared by a licensed patent attorney or patent agent.
- Submit Deposit
You decide whether you want us to have your patent application prepared for you. If yes, you send us a non-refundable deposit of $250.00 to get the process going that covers our continuing conversations and other expenses in finding and communicating with the patent attorney or patent agent we select for you.
We communicate with and forward your information to the patent attorney or patent agent who will contact you directly to prepare the patent infringement search. You pay the balance due directly to the patent attorney or patent agent.
- Patent Infringement Search with Written Patent Infringement Opinion Prepared and Submitted for Your Review
Your patent attorney or patent agent sends your patentability search to us and we forward it to you for your review, and whom will be available for any questions you have.
- Post-Patent Infringement Search
Once you have reviewed your patent infringement search and have discussed any questions with your patent attorney or patent agent, you can decide the best course of action for your business as discussed above.
3. What does your patent infringement search include?
You get all of this:
Professional patent infringement search by a licensed patent attorney or patent agent that utilizes a key word type search of U.S. Patents in the database of the United States Patent and Trademark Office. You get copies of the most relevant patents found during the search.
Written patent infringement opinion based on the patent infringement search that gives you an idea of whether your patent infringes any superior patents.
All guaranteed to be ready for your review and filing within 6-8 weeks of receipt of information and deposit.
FREE follow-up consultation with us on how to best make money from your invention.
4. Will my invention be kept confidential?
We guarantee that all of your information will be kept strictly confidential and shared only with your selected patent attorney or patent agent.
5. Do you offer a 100% satisfaction guarantee?
|| Your Satisfaction is Guaranteed!
If you are not satisfied with your patent infringement search with written patent infringement opinion for any reason, we will do our best to fix it to your satisfaction at no additional cost to you.
You have everything to gain and absolutely nothing to lose!