The entire freedom-to-operate, or 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 a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.
If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.
