Infringement Search

Infringement Search

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An infringement search is often requested by a holder of an active US Patent, in order to determine what active patents could be infringed by practicing and/or commercializing the subject matter encompassed by the claim recitations in the holder's patent.

However, an infringement search can also be performed for any existing article (or process, etc.) or even a concept as well. In the later case, the searcher looks for active patents that may be infringed by marketing andor commercialization of the product or concept.

The scope of the search is based on the recited features in all of the claims of the subject patent, as well as combinations of recited features. The focus of the search centers on active patents, usually only US patents or US-designated international (WO) patents. The thorough searcher may also include expired patents (i.e., "public domain" documents) that may invalidate the claims of any relevant "infringed" active patents that were found.

The search report provides comparisons of the features in the claim recitations of the subject patent (and combinations of features) with the claim recitations in the patents found. The search report in some cases, may also identify the particular recited features in the claims of the subject patent that are known to be in the public domain, in order to distinguish them from the novel or significant features of the subject patent.

Searchers may consult examiners when necessary. However, few examiners will have the patience to provide relevant search areas for all features and combinations of features in the claim recitations.

The background and the brief summary portions of the subject patent often identify the significant features of the invention as well as the features that distinguish the subject invention from the prior art known at the time the patent application was written. Therefore, the searcher should review this portion of the subject patent carefully, whenever available.