How to Check If You’re Infringing on Someone Else’s Patent : FTO

You’ve built a promising new product. Investors are excited, customers are waiting—but there’s a catch. What if someone else already owns a patent on a similar invention? Patent infringement claims can sink a startup before it even launches.

That’s why checking for potential patent infringement is a crucial step before entering the market. The good news: there’s a structured way to do this.

What Is Patent Infringement?

Patent infringement occurs when you make, use, sell, or import a product or process that falls within the claims of someone else’s granted patent, without their permission.

It doesn’t matter if you came up with the idea independently—if your product overlaps with a valid patent claim, you could be liable.

Steps to Check for Potential Patent Infringement

1. Conduct a Freedom-to-Operate (FTO) Search

An FTO search reviews patents in your target market to see if your product might overlap with existing claims. Unlike novelty searches (which focus on whether your invention is new), FTO searches focus on whether you’re free to commercialize.

2. Define Your Product Clearly

Before searching, break down your product into its core features and functions. The more specific you are, the easier it is to identify relevant patents.

3. Search Patent Databases

Public databases like:

• Indian Patent Advanced Search System (InPASS)

• WIPO Patentscope

• Google Patents
  These allow keyword, classification, and applicant-based searches.

4. Analyze Patent Claims (Not Just Titles)

Patents are about the claims section, not just the abstract or summary. Two inventions may look different on the surface, but if the claims cover your product’s key features, there’s a risk.

5. Engage a Patent Professional

Patent attorneys or agents can interpret claims, assess legal scope, and provide freedom-to-operate opinions. This professional analysis is often crucial before raising funding or entering a new market.

6. Consider Alternatives and Licensing

If you find potential overlaps:

• Redesign your product to avoid patented features.

• Negotiate a license with the patent owner.

• Challenge the patent’s validity if it shouldn’t have been granted.

Common Pitfalls to Avoid

• Relying only on Google searches instead of claim analysis.

• Ignoring foreign patents when planning exports.

• Skipping professional advice because of cost—litigation is far more expensive.

Conclusion

Checking for patent infringement isn’t about paranoia—it’s about risk management. A thorough freedom-to-operate search and professional review can save your business from lawsuits, delays, and unexpected costs.