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PSGThe Patent Search Groupwww.patentsearchgroup.comABOUT USOUR SERVICESOUR PROFESSIONALSCONTACT USHOMEReasons to Perform a Clearance SearchA clearance search, also referred to as a freedom-to-operate search, is conducted for one or more of the following reasons:To establish whether a product/process being considered for potential commercialization infringes enforceable patent claims To verify that a patent holder can make, use, or market the claimed invention free of risk of infringing enforceable patent claims of anotherTo underwrite a patent licensee; that is, a license agreement often includes a warranty of non-infringement, made by the patent holder, regarding the manufacture, use, or marketing of the claimed invention by the licensee.Scope of a Clearance SearchThe focus of a clearance search is on the claims of U.S. patent application publications and U.S. patents filed or issued in the last twenty (20) years. Additionally, a clearance search includes the search of expired patent documents (i.e., utility patents that are over 20 years old from their filing date or design patents that are over 14 years old from their issued date) that can act as a safe harbor (i.e., that are considered to be in the public domain due to their expiration). The nature of these types of searches dictate that they be performed by a patent attorney or a professional patent searchers under the direction of the patent attorney. Differences between Clearance and Infringement SearchesInfringement Searches and Clearance Searches both seek to ensure that new or planned products/processes can be marketed free from fear of litigation from patent-holders. An important distinction, however, is that an infringement search is concerned with enforceable patent claims (i.e., of unexpired patents). As such, the purpose of an infringement search is to support a conclusion that the invention under consideration does not fall within the scope of enforceable patent claims. In contrast, the scope of a clearance search is broaderned to also include expired patents that provide a safe harbor to the product.Return to Our ServicesPatent, Patnet, patent, patent, patent, patent, patent, USPTO, United States Patent and Trademark Office, US Patent and Trademark Office, patent, search, searching, patent discovery, patent discover, patent searchingHomepageWhy We are HereSpecialized SearchesWho We ArePatentability SearchSOA SearchValidity SearchContact USPage 11Page 12