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An infringement search is a type of patent search that helps determine if a product or method infringes on any existing patents. This search is usually limited to the geographic area where the patent is valid. It is also known as a clear-to-use search, freedom-to-operate search, or FTO search. It is different from a patentability search or validity search.
An infringement search is a type of patent search that aims to determine whether a product or method infringes any existing patents. This search is usually limited to the geographic area where the patent is in force. It is also known as a clear-to-use search, freedom-to-operate search, or FTO search. An infringement search is different from a patentability search, which aims to determine whether an invention is eligible for patent protection, and a validity search, which aims to determine whether an existing patent is valid.
Suppose a company wants to launch a new product in the United States. Before doing so, the company may conduct an infringement search to determine whether the product infringes any existing patents in the United States. If the search reveals that the product does infringe an existing patent, the company may need to obtain a license from the patent owner or modify the product to avoid infringement.
Another example is a pharmaceutical company that wants to develop a new drug. The company may conduct an infringement search to determine whether the drug infringes any existing patents in the countries where the company plans to sell the drug. If the search reveals that the drug does infringe an existing patent, the company may need to obtain a license from the patent owner or abandon the project.
These examples illustrate how an infringement search can help companies avoid patent infringement and potential legal disputes.