IP clearance searches are a key part of any business IP strategy. A variety of intellectual property searches can be conducted to suit the needs of the particular business. Searches ascertain whether a business’ proposed trade mark, invention or design can be protected to the exclusion of others or used freely within the marketplace without infringing the rights of others.

Why is this important? It allows a business to make an informed decision as to whether to proceed with committing valuable time, resources and investment into a proposed brand, invention or design knowing that either its future commercial value can be protected by IP registration and/or that the risk of infringing the prior IP rights of others is minimised.

IP disputes being raised at a later stage can be detrimental to a business and costly. It can result, where a business is found to be infringing the prior IP rights of another, in the wasted investment in time and financial resources. Unfavourable outcomes can include a business being forced to change its brand name (losing all reputation built into that name in the time preceding) and with that comes associated rebranding expenses. Patent and/or design infringement can result in withdrawal of current stock and liability to court awarded monetary damages.

Prevention is better than cure. IP searches should form the starting point for any business venture.

Actuate IP’s qualified attorneys provide an expert and tailored approach to assisting with the provision of cost effective and tailored intellectual property search strategies. Actuate IP’s attorneys have extensive search experience.

Types of Patent Searches.

Our patent searches are aimed at placing clients in a position to assist with the invention assessment and development process. With this information at hand, it assists with maximising return and monopoly on the invention.


We conduct a variety of searches to suit the unique needs of each client both from a needs and budget basis. These searches include:

• prior art/novelty searches
• infringement searches
•  free to use searches
• state of the art searches
• competitor/name based searches
• patent watch service

Types of Trade Mark Searches.
We provide a variety of structured trade mark searches tailored to your business’ needs.

1. Trade Marks Register Search

This is search of the Australian Trade Marks Register is used to determine if your brand is available to use and register in Australia. It will identify any existing trade marks which may be similar to your brand. The limitation of this search is that it is only of the Trade Marks Register and will not identify any existing unregistered trade marks which may be in use within the Australian market place.

2. Full Availability Search

As rights in a brand, under the common law tort of passing off or other related consumer protection provisions such as the Trade Practices Act 1974 (Cth), can also be developed through market place use, we recommend the Full Availability Search which includes a search of the Australian Trade Marks Register as well as structured searches of other available databases for any market place use by other traders of your proposed brand.

Types of Design Searches.

As with trade mark and patent searches, a design search places the client in an informed position regarding the registrability of their proposed design and availability for use. The main searches include:

• Design Registers Search
• prior art searches
• infringement searches
• free to use searches
• competitor/name based searches
• design watch service

Can I conduct a search myself? What are the benefits of having an attorney conduct a search?
You can conduct your own and can often be a good starting point.

However, following this, it is advisable that ultimately the search be conducted by a patent and/or trade mark attorney. Searches require an indepth understanding of the law and legislation which applies to each IP regime.

A search conducted by us will be provided with a search report and advice, outlining short and long term strategies to secure registered rights and brand protection. Importantly, our advice will place you in a position to assess all commercial and legal risks and considerations prior to committing to a course of action.

Place an Online Enquiry  to contact a Patent and Trade Mark Attorney or call us on 1300 768 730.