The Search
Before an Intellectual Property (IP) project is undertaken, a IP Practitioner will conduct a pre-filing Patentabiltity (or Trademark) search. The pre-filing search uncovers what has been done before. Intellectual Property protection is granted to people and companies that develop “new” ideas. If a pre-filing search uncovers something the same or similar to what an Inventor has developed, the results could prevent a company's IP from being protected. This information can be presented to an inventor or company in a search report, or a legal opinion advising recommended course(s) of action.
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A second type of search is known as a Freedom-to-Operate, Non-Infringement, or Clearance Search. When an inventor/company is ready to bring a product to market, Fenty IP Law will conduct this search determine whether the Client's product(s) possibly infringe upon Claims of any active patents. This is a very nuanced search. The results can be presented in a search report, or in a legal opinion that a Client can rely upon as a defense to a willful infringement legal action.