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Intellectual Property

Patent Search

People ask for a patent search when they mean one of two different things: whether an idea is new enough to patent, or whether a product can be sold without running into someone else's patent. The two searches look in different places for different reasons.

Reviewed

01 GUIDE

Patent Search: what usually happens

Two questions, two searches

A patentability search looks for prior art, which reaches well beyond issued patents to published applications, foreign filings, academic papers, product manuals, websites, and anything else made public. Its aim is to judge whether your invention is new and more than an obvious step from what came before. A freedom-to-operate search asks something else entirely: whether any patent still in force in the countries where you make or sell the product has claims that read on it. A patent that has expired, or one granted only in another country, may matter for patentability while posing no infringement risk where you sell. Mixing the two questions up is one of the commonest reasons a search ends up being paid for twice.

Your own disclosures count

Inventors are sometimes surprised that their own pitch deck, crowdfunding page, conference talk, or product launch can become prior art against them. United States law gives inventors a limited grace period for some of their own disclosures, but many other countries give little or none, so a public reveal before filing can close off foreign protection. If anything has already been shown publicly, tell your lawyer exactly what, when, and to whom. Once an application is filed, applicants owe the USPTO a duty of candor, which includes disclosing known information material to patentability, so what a search turns up does not simply disappear from the picture.

Using a search well

No search is complete, and a clean result reflects how carefully someone looked rather than a promise. The value lies in reading the closest references and asking how your claims could be drafted to stand apart from them, or how a product design could be adjusted to stay clear. Because a company's knowledge of a specific patent can matter later if infringement is ever alleged, many businesses route clearance work through counsel so that the analysis and its conclusions are handled with care. In a first conversation we work out which question you are actually asking, which markets matter, and how much depth the decision in front of you justifies.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about patent search and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.