Patent Searching: Before You File and Before You Launch

Patent searching usually means the novelty search run before filing. The search that causes the most damage, though, is the one never run: checking, before launch, whether your product infringes someone else’s patent in force.

Question one: is it patentable?

A novelty search places the invention against the prior art worldwide. Its output drives three decisions: whether to file at all, how to draft the claims around the closest prior art, and whether a utility model is the more realistic route where inventive step is doubtful.

Question two: are you free to operate?

This search follows a different logic. Novelty looks at all publications anywhere; freedom to operate looks only at patents in force in the countries where you will sell. A patent that has expired, lapsed for unpaid annuities, or was never validated in your market does not stand in your way.

Infringement does not require bad faith: never having heard of a patent is not a defence. In machinery, medical devices, packaging and electronics, the first warning letter often arrives on the day you enter an export market.

When to run it

• Before entering foreign markets — technology free in Türkiye may be protected in Europe.
• Before investing in tooling and production lines.
• Before international trade fairs, where goods can be seized.
• Before acquiring a product line.

If the result is negative

• Design around the claims — usually the cheapest answer.
• Assess whether the patent could be invalidated.
• Negotiate a licence where the holder is not a direct competitor.
• Reprioritise markets where the patent is not in force.
• Monitor annuity status; a lapsing patent may be worth waiting out.

See our patent search service or contact us.

General information only, not legal advice.