Patent Searches - Patentability, Right-to-Use and Validity

Patent searching is a valuable tool that can assist an inventor or company in determining the state of the art for a particular technology; the likelihood that an invention is patentable; the barriers to commercial entry into the marketplace for a new product or technology; or the validity of a particular patent. The Reinhart Intellectual Property (IP) Practice counsels clients in determining the most appropriate type of patent search based on the client's needs, expectations and patenting strategy and assists clients in reviewing and understanding the search results.

State-of-the-Art Searches

State-of-the art searches can be performed to give a general overview of the patents which exist in a particular technology or field. Such searches are often done when a client is considering entering a new field, and must be carefully defined to a particular area of the technology under consideration. State-of-the-art searches done by the Reinhart IP team give clients a feel for previous patent activity in the particular field of interest.

Patentability Searches

Patentability searches are typically performed before a patent application is prepared in order to determine whether or not the invention will be patentable, as well as how broadly protectable the invention may be. Patentability searches typically include searches of both U.S. patents and U.S. published patent applications. Reinhart's IP team performs the searches and interprets the results including assessing whether or not patent protection is available, appropriate and beneficial to the client's business.

Right-to-Use/Clearance Searching

Right-to-use or clearance searches are designed to identify potential patent barriers to commercialization of a client's products or technology. A right-to-use search involves identifying whether or not there are any relevant, unexpired patents, and then analyzing the claims of those patents to determine whether or not they could prevent the manufacture and sale of a proposed product or technology. Reinhart's IP team provides clients with an expert analysis and can often assist clients in designing around any potentially troublesome patents. Reinhart also provides infringement/freedom to operate opinions relating to the closest prior art located in such right-to-use searches.

Validity Searches

A validity search can be useful as a defensive tool when a client is concerned about infringing a particular patent. A validity search attempts to uncover issued patents or other prior published art that may render a patent partially or completely invalid. The Reinhart IP team conducts validity searches and carefully analyzes the results with an eye towards invalidating a patent of concern.