Learning about a Patent
One of the most common questions we get is, “What does a patent actually do?”
To understand what a patent does, it helps to first understand what a patent doesn’t do. A patent doesn’t give a patent owner the right to make, use or practice their invention. A patent give the owner the right to exclude others from making, using, selling or importing a device which is covered by a patent. However, the patent never gives the patent owner (the patentee) the right to make the invention themselves. This is one of the most common, and potentially most expensive lessons a business can learn. Even if you own a patent, you can be liable for infringing the patent of another.
When you think about it this makes sense. Unlike a trademark, a patent is not based on use. As a patent owner, you shouldn’t have an obligation to make anything. However, if you are going to make something, then you should be responsible for making something which is covered by someone’s patent. So the next question is how do you find out if making something will infringe someone’s patent?
A patent gives its owner the legal right to exclude others from making, using, selling, or importing the patented invention, but does not grant the owner the automatic right to make or use it, which is a common misconception. Below is a revised, keyword-focused blog draft optimized for “What Does a Patent Actually Do?”:
What Does a Patent Actually Do?
Understanding “What Does a Patent Actually Do?” is a critical first step for any innovative business or inventor. Most people mistakenly believe that a patent gives its holder broad rights to produce or use their invention, but in truth, a patent is fundamentally about exclusion.
What a Patent Doesn’t Do
A patent does not guarantee the patent owner the right to make, use, or sell the patented invention. Instead, a patent gives the owner the right to exclude others from making, using, selling, or importing anything covered by the patent claims. The ability to exclude is at the heart of patent protection—and it’s a source of major strategic value, as well as potential business risk. Even with a patent, a business may still infringe someone else’s patent and face lawsuits, which is an expensive lesson for companies who misunderstand their rights.
How a Patent Compares to Other Intellectual Property
Unlike trademarks, which are based on actual use in commerce, patents are not tied to whether the owner ever manufactures the invention. The absence of an obligation to use or practice the invention is a key distinction and often surprising to entrepreneurs familiar with trademark law.
How to Avoid Patent Infringement
So, what does a patent actually do for your business in practical terms? It establishes boundaries that others may not cross without your permission. To avoid infringing another patent, businesses should conduct thorough patent searches before launching new products or services. Patent searches, especially freedom-to-operate searches, are critical for identifying existing patents that could pose risks.
Patent Searches Can Help
Typical business life cycles include the startup, growth, maturity and decline stages. Various business are at different life cycle stages at different times. A patent search can be helpful at each stage. While there are different reasons for conducting a patent search, different types of searches can be helpful at different stages in a business life cycle. Before you start a business, it may be helpful to understand what technological product/service is important to the business and learn if you can obtain a patent. If your business is going to sell a new product or provide a new service, most patent attorneys recommend that you consider obtaining a patent. If you are going to sell your business, you may want to determine the value of the patents you own.
If you decide to get a patent, it is usually recommended that you obtain a patent search. This type of search is called a patentabilty search. As part of the search, a patent attorney can also conduct a search to determine if the business is likely to be sued for infringement. This type of search is sometimes called a freedom-to-operate search or non-infringement search. While the freedom-to-operate search is more expensive than a patentability search, it can provide additional information for a business to help avoid claims of infringement. With the results of the freedom-to-operate search you can chose from a variety of options including you may want to consider make changes to your products/services or you may decide to obtain a license or purchase the patent. Depending on the negotiations, this can be significantly less expensive than defending against a claim of patent infringement.
Patent Searches: When and Why?
The business lifecycle involves multiple stages—startup, growth, maturity, and decline. Patent searches can add value at every stage:
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At the startup phase, patentability searches assess whether inventions are eligible for patent protection.
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Before launching new products, freedom-to-operate searches help avoid infringement risks by identifying patents held by third parties.
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When preparing to sell or merge a business, patent asset valuation can be pivotal.
If you decide to seek patent protection, start with a patentability search to confirm your invention’s novelty. Later, a freedom-to-operate search (sometimes called a non-infringement search) checks for third-party patents that might block your activities. Although these searches can be more expensive, they provide essential information for risk mitigation and strategic planning.
Search results may lead to several business decisions: changing a design to avoid patent overlap, seeking a license, or outright purchasing a patent if negotiations are favorable—with the goal being to reduce the risk of litigation.
Protecting Your Business Strategy
For any new product or service, consulting a patent attorney about search strategies—including patentability, freedom-to-operate, and non-infringement searches—should be a core part of business planning. Systematic patent searching helps avoid costly mistakes and litigation, reinforcing the true function of patents: protection against unauthorized use and strategic market control.
If you have a new product or service you should contact an experienced patent attorney and discuss what patent search strategies would be beneficial to your business. By systematically integrating patent searches, including patentability, freedom-to-operate and non-infringement searches into your business you may be able to avoid costly mistakes before they become expensive litigation matters.