Freedom-To-Operate Search

Freedom-To-Operate Search

Freedom to operate search or product clearance search is used to create an opinion that a patent holder is free from all legal obstacles to commercialize (develop, make and market) his/her product in a particular geographic region.

Legal Obstacles include:

• Valid Patents
• Trademarks rights
• Existing Designs

It is important to note that while doing any FTO search:

• Only live patents are considered that can affect the FTO, Usually a time period of 20 years is granted to a patent by a region’s jurisdiction.
• Only the jurisdiction covering the market where the product is to be used is taken into consideration while conducting the research.
• All relevant claims need to be found as each individual claim is relevant and affects the operation of the product.

If an FTO is found to be a negative (i.e., live patents with claims covering the invention to be operated in), the body aiming to operate the invention should:
Not proceed to operate and commercialize the invention.

• Invalidate or oppose the relevant patent found in the FTO search.
• Apply for a license or buy the relevant patent.

Your technology/invention is reviewed and accordingly the best discounted fee as per the application is quoted.

Post fee quotations, your instructions are awaited in order to begin your search. Accordingly, the project is delivered in your requested format.

Generally, a Freedom to Operate search should be carried out as early as possible in the patent’s application cycle.

In doing so, there are two important benefits to it:

• It avoids unnecessary cost, time and resources that could go into creating the application.
• Reduces any infringement risk and litigation in the future.

A good FTO can also provide opportunities for licensing and using technology to avoid any threat in future patent litigation.

Difference between Freedom to Operate and Patentability Search

 Freedom to Operate search only looks at live patents while Patentability search dwelves into prior art, patent and non-patent literature.

• Freedom to Operate is usually more complicated, time consuming and expensive whereas Patentability search is faster to conduct and less expensive than FTO.
• Patentability answers the question of if the idea and claims are eligible for patent while Freedom to Operate answers the question whether there are any existing patents that may be infringed while operating our product.

Why InventionIP for Freedom to Operate Search?

• We provide end-to-end patent searches in all domains.
• With our patent services, we help save additional resources, time and money spent on products that may not be eligible for use due to legal ramification.
• Our experts are professionally trained to deliver results with great precision and accuracy.
• We know our clients’ needs and work continuously to ensure that their needs are met.
• We make sure to protect the privacy of our client’s patent information through all means.