Freedom to Operate / Patent Clearance Search

The freedom to operate (FTO) search, also called a patent clearance search, is done to identify the potentially infringing or potentially blocking in force patents in a jurisdiction of interests. 

The FTO patent search prevents an inventor from future litigation and infringement risks after product commercialization.  

The main attributes of the freedom to operate in patents search are the time frame, legal status, the expiration date, and the jurisdiction of interests.​

An FTO search safeguards businesses against unintentional infringement. By identifying potential patent barriers early on, companies can make informed decisions about product modifications, licensing needs, or strategic shifts. 

TT Consultants utilizes advanced AI tools like XLSCOUT and leans on its multi-lingual expertise to ensure an exhaustive and accurate freedom to operate opinion. With native language capabilities for 16+ countries, we can dive deep into international patent databases with precision. 

Our approach is holistic. Apart from our deep expertise in the freedom to operate search patent process, our strength lies in our native language capabilities, AI-driven tools, and our commitment to delivering actionable freedom to operate opinion to guide business decisions. 

The cost of performing freedom to operate (FTO) patent search ranges up to $30000, depending upon the complexity nature, geographical coverage, and other parameters. ​

During the search, any document which is in the public domain, be it a granted patent, a patent application or a non-patent reference existing on or before the present day when the search is conducted that covers the major aspects of the invention according to the client/applicant/inventor requirements is considered as a prior art, also known as background art. The non-patent references include research papers, thesis, standards, white papers, e-mails, conversations, newsletters, products, articles, videos, blogposts, any internet publications, etc.

An individual, an SME, an entity that has an intention for product commercialization in a specific jurisdiction should conduct FTO analysis to ensure that their product has not violated any in-force patents. 

The role of a patent search firm in conducting an FTO patent search is to provide a comprehensive analysis of the relevant patents and other intellectual property rights that may be relevant to the product or service in question. The search firm will review relevant patents, patent applications, and other public records to assess whether there are any potential infringement risks associated with the product or service. 

A freedom to operate search report typically includes a comprehensive analysis of relevant patents and other intellectual property rights, including an assessment of potential infringement risks. The report may also include recommendations for mitigating legal risks associated with the product or service in question. Additionally, the report may include information on the patent landscape for the relevant technology area, including any emerging trends or key players in the market. 

The consequences of not conducting a freedom to operate analysis can be significant. If a product or service infringes on an existing patent or other intellectual property right, the owner of that right may be able to seek damages or an injunction to prevent the product or service from being sold or used in the market. This could result in significant legal costs, lost revenue, and damage to the company’s reputation. Conducting an freedom to operate analysis can help to identify potential infringement risks and enable companies to take steps to mitigate those risks before launching a product or service. 

An FTO (Freedom to Operate) search can be conducted for a product or service that has already been launched. The purpose of an FTO search is to assess whether a product or service infringes upon the intellectual property rights of others. Even if a product or service has already been launched, it may still be subject to potential infringement claims, and an FTO search can help identify any such risks. 

Absolutely. Beyond the FTO search, our team offers strategic consultations, guiding clients on risk mitigation, potential licensing opportunities, and navigating the patent landscape effectively based on the search results. 

At TT Consultants, we leverage our proprietary AI tools and vast databases to optimize the efficiency of our “quick FTO search”. While rapid, we prioritize accuracy, offering a valuable preliminary look at potential patent barriers. 

Updating your FTO analysis periodically is crucial, especially in fast-evolving industries. TT Consultants recommends conducting an FTO review at key development milestones or at least annually to account for new patent filings and changes in the legal landscape. This proactive approach helps maintain your freedom to operate and aligns with evolving market and technology landscapes.

Yes, comprehensive FTO searches can significantly aid in patent licensing negotiations. By identifying potential patent infringements and understanding the patent landscape, businesses can enter negotiations informed and prepared. TT Consultants’ detailed FTO reports provide valuable insights, helping clients leverage their position during licensing discussions. 

FTO searches are instrumental in shaping R&D strategies. By highlighting potential patent infringements early, they allow companies to steer clear of costly legal disputes and refocus their R&D efforts on innovation paths with lower risks. TT Consultants’ FTO services are designed to inform and refine your R&D strategies, ensuring they are both innovative and legally compliant. 

Upon identifying risks in an FTO search, TT Consultants doesn’t stop at just reporting. We work closely with clients to develop mitigation strategies, whether through design adjustments, seeking licenses, or avoiding certain jurisdictions. Our comprehensive approach ensures that clients are not only informed about potential risks but are also equipped with strategies to address them effectively. 

TT Consultants specializes in conducting global FTO searches, leveraging our multi-lingual expertise and international databases to provide coverage across numerous jurisdictions. Understanding that innovation and markets are global, we ensure that our clients’ FTO analyses reflect the international scope of patents, offering them a panoramic view of their freedom to operate worldwide.