The Anatomy of a Freedom-to-Operate Patent Search: Your Monster-Hunting Gear
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About this listen
The entire freedom-to-operate (FTO) patent search analysis hinges on the claims section of a patent. The claims define the legal boundary of the inventor's protection. They are the spells that legally protect the invention.
Infringement occurs only if your product incorporates every single element of an independent claim (which is literal infringement) or an equivalent element.
Here’s how we search. We look for patents that are technically relevant to your product's function, structure, and operation in the countries in which you intend to use or sell your invention. This is a complex, nuanced search that goes far beyond simple keywords. The attorney looks at the entire filing history of any patents of concern, which is often crucial for interpreting the final claims.
Why do you need a lawyer to do the search and analysis? A non-lawyer can find similar patents, but an experienced patent attorney can provide a legal opinion on whether the claims are actually infringed by your product.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.
Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.
You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.
Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.
Stay legally sharp, and keep rocking your IP!
#patent #freedomtooperate #patentsearch #intellectualproperty