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freedom to operate search

Freedom to Operate Search

Overview

Freedom to Operate Search

A Freedom to Operate (FTO) search, also known as an infringement or clearance search, is a thorough analysis to determine whether a product, method, or service may infringe on existing intellectual property rights such as patents, trademarks, or copyrights. 

 

Purpose of search

 

  • To discover any potential road blocks in the marketing or launching a new product or service
  • To take calculated decisions before investing in the marketing of a product before launching it in a desired jurisdiction
  • To identify intellectual property right owners in the desired jurisdiction for intellectual property agreement such as patent licensing
  • To ensure that the product or technologies complies with relevant intellectual laws and regulations
  • To take strategic decision: FTO searches give essential information that can help drive strategic decisions about product development, marketing, and investment in a jurisdiction. Companies may utilize the search results to assess the competitive environment, evaluate market prospects, and make educated resource allocation choices.
  • To help avoiding litigation: By identifying potential risks upfront, companies can take steps to minimize their exposure to legal disputes and protect their interests. If a similar product is found in the searches, then companies can alter some features of their product (if possible) to avoid possible infringement litigation.


FTO searches give essential information that can help drive strategic decisions about product development, marketing, and investment in a jurisdiction. Companies may utilize the search results to assess the competitive environment, evaluate market prospects, and make educated resource allocation choices.

 

Problems associated with FTO search
 

  • Inability to understand the product or services of the company: Sometimes it becomes tricky to describe the product or services in exactly, due to which the search results miss the potential patents.
     
  • Incomplete or outdated databases: The incomplete or outdated databases lead to the possibility of skipping potential patent or non-patent documents.
     
  • Complexity of patent landscape: Patent landscapes are complex and confusing, particularly in areas with significant technical breakthroughs. Identifying all relevant patents and comprehending their significance may be difficult, even with advanced search engines.
     
  • Vagueness in patent claims: Patent claims can be vague or broadly worded, making it difficult to determine whether a product or technology infringes upon them. 
     
  • Risk of litigation: Even after FTO searches, there is always the possibility of missing important patents or misinterpreting their scope. This can make businesses exposed to lawsuits and legal conflicts, which can be costly and harm their brand.


We provide solution to all the above listed problems which occurs at the time of conducting the Freedom to Operate search, our efficient team has been conducting the FTO search from several years. We have served clients in many countries. Our team consists of subject experts of all field of science and technology. We carry out the FTO search in best possible way, providing you all possible live patents or other intellectual properties which can hamper the launch of your product in the jurisdiction. 

We say:  Clear the path to innovation: Unleash the potential of your product with our freedom to operate search!

 

Our team conducts the successful FTO searches in the following manner: 

  • Understanding the product or service to make a product-description, Understanding the technology area, the geographical regions of interest, and the specific features of the product which makes the product unique.
  • Making key words and key string using the product description for conducting the jurisdiction specific alive patent search. Our experts use many paid databases and uses various filters to reach to the best possible results.
  • Searching other non-patent publications or products in the same jurisdiction.
  • Focusing on the claims of relevant patents to see their scope and potential similarity with the product or technology. Paying attention to claim language, variations, and various interpretations of the claims.
  • Analysing the search results, comparing the claims of the found live patent with the product description. Mapping the similarities between the product and claims of found patents.
  • Documenting all findings and analyses in a report.


We provide best in class FTO search in best possible time and cost. Our clients have praised our work time and again in their testimonials. We will be very happy if we can help you out in any query related the FTO search. 

Why IIP Search?

Freedom to Operate (FTO) search

 A detailed search to assess the potential roadblocks in launching a product, process or service in a jurisdiction. 

 

  • IIP Search has best in class team for conducting the FTO search and helping the companies taking learned decisions before launching their product in the jurisdiction. Our experts conduct FTO search in all domains of science.
  • IIP Search is consistently delivering high quality FTO search reports for our clients in many countries.
  • Covering all jurisdictions
  • Having legal experts and translator in almost all countries. 


Our report comprises: 

  • Complete understanding of your product, process or service
  • List of prior arts (potential patent/ non-patent publication) that your product infringes
  • Analysis of prior arts in comparison to your product
  • We provide accurate claim mapping in updated patent publications.
  • Full assurance of Confidentiality while working with us.

Sample

Technical Domains

Frequently Asked Questions ?

Q.1: What is a Freedom to Operate (FTO) search

The freedom to operate (FTO) search is a crucial aspect of the intellectual property (IP), it refers to the process of evaluating whether a product, process, or technology infringes upon existing patents owned by others. It is also known as clearance search or infringement search.

Q.2: Why is an FTO search important for businesses?

The FTO search is important for businesses because it helps them in the following ways:

  • It helps identifying and mitigating the risk of infringing on others' intellectual property rights.
  • It ensures legal compliance when launching new products or entering new markets.
  • It protects the investments in innovation and technology.
  • It helps the companies making informed strategic decisions about product development and market entry.

It also safeguards the reputation of companies by avoiding intellectual property disputes and allegations of infringement.

Q.3: What role do patent expiration dates play in an FTO search?

The FTO search focuses to find the live patents only. Using the expired patent do not expose the product, technology or process into the infringement suit. Hence, it is crucial to determine the expiration dates of patent find in the FTO search. If during the search it is found that any relevant patent is going to be expired in sometime, one can delay the launch of the product.

Q.4: Can an FTO search identify potential licensing opportunities?

Yes, an FTO search can identify potential licensing opportunities by:

  • Identifying patents owned by others
  • Assessing patent coverage
  • Exploring licensing options
  • Contacting patent owners
  • Negotiating terms
  • Securing licenses

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