IP services / Patent searches and freedom to operate
HORAK · INTELLECTUAL PROPERTY
Patent searches and freedom to operate
Separate the question whether an invention can be patented from the question whether a product may infringe someone else’s rights. We scope patentability, validity, competitor and freedom-to-operate searches around the decision the business needs to make.
Match the search to the question
A novelty search helps assess a proposed filing. A validity search seeks material relevant to challenging a right. Freedom to operate considers potentially enforceable claims in particular countries at a particular time. These exercises need different search strategies and legal analysis.
Read claims and legal status
A title or abstract is not enough to assess infringement. The review needs the relevant claims, prosecution history where appropriate, territorial status and product features. Pending applications can change, and some applications are not yet published; no search can remove every risk.
Turn the result into an action plan
We classify relevant rights and discuss design-arounds, licences, monitoring and further investigation. A search report without a clear statement of assumptions can be misleading. Product changes, new territories and later grants may justify updating the review.
Three practical examples
Illustrative situations; outcomes depend on the facts and the applicable law.
01
An engineering company plans a German launch: we compare the final product with relevant German and European patent claims.
02
An applicant wants to know whether to file: a patentability search is scoped separately from launch clearance.
03
A competitor’s application remains pending: monitoring can identify claims granted after an initial review.
What to prepare
Product specification, target countries, launch date, known competitors, relevant patent numbers and previous search results.
How we approach your matter
01 · Assess
We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.
02 · Agree
We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.
03 · Act
We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.
Further information
Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.
International filing strategy · Portfolio review · IP disputes
Discuss the next step
Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.
Hannover headquarters · Advice for German and international businesses · Our offices
Enquire about patent search and freedom to operate
Tell us whether you need a patentability search, a review of a specific patent or a freedom-to-operate assessment. The product, intended countries and commercial decision determine the appropriate search scope. All fields are optional.