In general, a patent search is carried out to find important patent rights within the relevant field of technology. This step is followed by a technical and legal assessment of the found rights to understand whether they constitute possible obstacles in respect to activities that are expected to be carried out in the future.

The technical field of technology is typically chosen so that it suites the prospective fields of operation. This choice is highly circumstantial depending on the type of IP risk management analysis.

It is often a good idea to analyse the technical areas you want to work in as this provides knowledge of the existing rights within the area and what you are free to do, what you must be aware of, and what you must refrain from.

We also recommend companies that are about to launch new products to make a “Freedom-to-Operate” analysis to ensure that these products do not infringe on any competitors’ patent rights.

Finally, a good overview of the technical area in which your company operates sometimes allows one to see where there is an opportunity to obtain new patents in order to ensure a more favourable competitive situation.