Prior to making a substantial investment in marketing a new trademark or product, it is prudent to perform a search to see if the mark or product is protected by another’s patent or trademark. In addition to determining whether a company is at risk for infringement, such searches can be used to “design-around” and find non-infringing alternatives. Often, utilizing technology disclosed in expired patents can provide a “safe harbor” from infringement. Additionally, as noted above, searches can be utilized to determine whether a patent, trademark or copyright is valid (of particular interest when funds are being risked on a company whose principal asset is intellectual property).
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