An intellectual property investigation is a professional inquiry conducted to identify, document, and gather evidence related to the unauthorized use, theft, or infringement of protected intellectual assets. These assets may include trademarks, patents, copyrights, trade secrets, and proprietary business information. Investigators gather open-source, public, and observable evidence to support legal action or internal business decisions.
An intellectual property investigation looks into whether someone has stolen, copied, or misused something your business legally owns, such as a product design, brand name, software code, or confidential process. The investigator collects evidence that can be presented to attorneys, courts, or company leadership. This type of investigation does not resolve the legal dispute itself but provides documented findings that support your next steps.
A software company suspects a former employee took proprietary source code to a competitor and wants documented evidence before pursuing litigation. A manufacturer discovers a product nearly identical to its patented design being sold online and needs to identify the source and distribution network. A business notices a competitor using a nearly identical logo and requires evidence of the infringing use across multiple markets to support a trademark claim.
Licensed private investigators can legally conduct surveillance, review publicly available records, monitor open online marketplaces, and document observable evidence of infringement or misappropriation. They cannot access private accounts, sealed court records, or proprietary law enforcement databases, and they must operate within the laws of each state or jurisdiction where the investigation takes place. Evidence collection methods that violate federal or state privacy laws may render findings inadmissible and expose the client to liability.
What types of evidence does an investigator typically deliver at the end of an intellectual property investigation?
Investigators generally provide a written report documenting their findings, along with supporting materials such as photographs, screenshots, purchase records from test buys, or records of observed activity. The format and depth of the report depends on the scope of work agreed upon at the start of the engagement. This documentation is typically prepared with the expectation that it may be reviewed by attorneys or used in legal proceedings.
Can an intellectual property investigation be conducted across multiple states or countries, and does that create any complications?
Investigations involving activity in multiple states may require coordination with investigators who are licensed in those specific jurisdictions, since private investigator licensing is regulated at the state level in the United States. International investigations introduce additional complexity because laws governing surveillance, evidence collection, and data privacy vary significantly by country. Clients should discuss geographic scope with their investigator before the engagement begins to ensure the work is conducted within applicable legal boundaries.
