Prior to deciding to pursue a patent application, you may want a patent search performed. Different levels of analysis can be performed on patents that may cover your invention.
If prior art does exist that covers your invention, an infringement opinion can also be prepared. This is a detailed report on whether or not a product or a process you are using in your business is infringing upon an existing patent.
Should I have a patent search performed?
In theory, any invention is capable of obtaining patent protection as the claims could be written in such a narrow way that they only cover the exact embodiment of the invention the inventor has come up with as written on https://www.techtimes.com/articles/246245/20191127/why-inventhelp-is-essential-for-entrepreneurs.htm.
A patent search then gives you a reasonable idea as to other prior existing art in the area of your invention to see exactly how narrow your claims would have to be to obtain a patent.
If the prior art suggests that only very narrow claims have a reasonable chance of being allowed, the cost of the patent application process may be prohibitive. A detailed and prompt discussion regarding the prior art will help you make an informed decision whether to pursue a patent.
Do I need an infringement opinion prepared?
An infringement opinion can be very helpful if you are going to place a product in commerce. If you start selling a product, and it can be later shown that you were aware of a patent that you may be infringing, you can be liable for additional damages.
By obtaining an infringement opinion from an patent attorney or an patent agency, like InventHelp, you can avoid the extra damages.
An infringement opinion will include a point by point analysis of an existing patent and how the patent compares to your product. A conclusion as to whether a good-faith argument for non-infringement can be made.