Freedom To Operate Patent Search

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

The FTO 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.​

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, a SME, an entity that is having an intention for product commercialization in a specific jurisdiction should conduct freedom to operate search to ensure that their product has not violated any in force patents.

The role of a patent search firm in conducting an FTO 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.

An FTO 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 an FTO search 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 FTO search 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.