It may not be possible to eliminate the risk of an infringement claim against your invention. However, with thorough research and informed design, you can minimize the likelihood that your patent infringes on an existing claim. To avoid patent infringement, ensure your innovation will later pass the test for literal infringement and the doctrine of equivalents requirements.
Patent infringement searches unearth specific patent claims that your proposed innovation may infringe upon. The result of this type of research is an assessment of the risk of infringing on an existing patent with your new technology. To avoid patent infringement, it is best to complete a patent infringement search early in the innovation cycle, so that your product can be designed around existing claims. While this process sounds like a patentability search, the two are different because they serve different purposes. An FTO search aims to assess the likelihood of infringement; a patentability search focuses on proving novelty.
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