Defense
Validity Searches
A validity search is designed to locate prior art (patents and technical literature) which predate the effective filing date of the patent being investigated and which may be used to challenge the validity of the claims in that patent. A proper validity search will address each and every claim of the patent under scrutiny, and at your request, all relevant patents which we discover will be reviewed in Shepherd’s Citations to assist you in your analysis. File wrappers will be obtained and reviewed when authorized. Only the most experienced and highest qualified searchers are permitted to undertake validity searches.
Freedom to Operate (FTO)/Market Clearance/Right to Practice (RTP)
A freedom to operate search identifies potential obstructions to the commercialization of products or technologies by identifying both unexpired (in-force) patents and expired patents. Discovery of relevant unexpired patents allows you to analyze the existing intellectual property rights of others with regard to that product or technology so that you can prevent infringement issues. Additionally, analysis of expired patents permits you to make a determination of whether the claimed technology is in the public domain and thus free to use. If requested, all relevant patents will be reviewed in Shepherd’s Citations to assist you in your analysis. File wrappers will be obtained and reviewed when authorized. Only the most experienced and highest qualified searchers are allowed to perform freedom to operate searches.
Infringement Searches
An infringement search involves the careful review of unexpired patents to locate claims which "read on" the invention at issue. These are very complex searches because they require the reading and analysis of at least the independent claims in the reviewed patents. Additionally, analogous art areas must be investigated to address the issue of "contributory infringement." At your request, all relevant patents will be reviewed in Shepherd’s Citations to assist you in your analysis, and file wrappers will be obtained and reviewed when authorized. Only the most experienced and highest qualified searchers are permitted to do infringement searches.