Considerable financial loss can result from launching a new product or service without first ascertaining the exent to which existing Intellectual Property Rights may be infringed.

For products the main concern will normally be existing patent rights.  If your new product has inventive merit you probably should be applying to patent that product.  In this case it may be possible to use the results of the necessary Official Search to gain some insight into existing patent rights which may be relevant.  But, even in these circumstances you may still be exposed to significant risk if, for example, the Official Search is too focused on the detail of your invention and does not cover the underlying features inherent to the product.  That is, you are in some difficulty if someone else has patent rights covering such underlying features.

Trade Marks - brand names, product names, logos etc - should also be cleared prior to first use.  Several times we have seen large sums of money spent on developing and launching a new brand only for that to be met by the immediate reciept of a letter threatening legal proceedings for infringement of existing Trade Mark rights. 

Mitigation of the problems identified above, and other similar problems, is by way of a Clearance Search - carried out as early as posible in the development of the new product or service.  Often the cost of the Clearance Search will be insignificant compared with the development and launch costs.

Brockwood Services LLP can advise on all aspects of Clearance Searches.