Freedom To Operate

(FTO) Search Services


Freedom-to-Operate analysis is also known as FTO analysis, and ideally it should be done before launching or commercializing a product in a particular country/jurisdiction.It may so happen that whether you have a patent or not, the product is totally, or some of its aspects, may be protected by other live patents in that particular jurisdiction, and if this issue is left unattended, it may cause you lots of legal hassle.

In developing countries, it’s a very commonly-seen infringement-related problem: cases are often filed by companies or by the patent trolls to weasel out money through blackmail. Even when it happens in developed countries, the cost of litigation is very high. And all this, when it can be easily avoided through a timely Freedom-to-Operate analysis by a competent company.

Advantages of FTO

  • They generally perform at paid database, which have coverage and user interactive compared to non-paid databases.
  • They have better understanding of patent law; patent criterias with respect to analysis of documents.
  • They give better opinion ; for example even though your invention is patentable subject matter, you may conclude that your invention is not patentable by inefficient analysis. Similarly, even though your invention is not patentable, but you may be ended with opinion of patentable subject matter. So, a patent analyst can provide better opinion over you.
  • Reading patent is complex and tedious. Patent analyst would be having better skill set to which part of the documents need to be verified.
  • Reporting would be better, Eventhough, you perform search, representation of search report is crucial. So, better report you will be getting from the patent analyst. Look at our sample report how we represent patentability search. Report is one of need when you are a company or an agency.

Here is a general outline of the steps involved in conducting an FTO patent search and obtaining an opinion:

  1. Define the scope of the search: Determine the specific product or process to be searched and define the geographical area of the search.
  2. Conduct the search: Search through patent databases and other relevant sources to identify relevant patents. This may involve keyword searches, classification searches, and review of prior art.
  3. Evaluate the patents: Evaluate the patents (claims of the live patents only) identified in the search to determine their relevance to the product or process under consideration. This may involve reviewing the claims, specifications, and drawings of the patents.
  4. Prepare the opinion: Based on the results of the search and evaluation, prepare a written opinion that summarizes the findings and provides an assessment of the risk of infringement.
  5. Review the opinion: The written opinion should be reviewed by legal counsel to ensure its accuracy and completeness.

Why Brainiac

Welcome to Brainiac Intellectual Property Rights Protection Solutions. For the past eight years, Brainiac IP Solutions has been a leading name in the field of Intellectual Property Rights.  

We can help you with drafting, filing, analytics of patents as well as trademark filing and trademark watching, whether you are an Indian or a global client. We draft patents in line with the US, European and Indian PCT requirements.  

Our skilled engineers have a vast understanding of the needed technical requirements. Through our hard work, dedication, single-mindedness and above all, vertical domain expertise, we have accumulated numerous testimonials, awards and accolades, giving our present and prospective clients ample reasons to keep coming back to us for our services.  

We believe in upholding our ethical, confidential and integral approach. Protect your rights and increase your revenue with care.

What client says about us

Michael Salemi

I would like first to thank you for the work you provide to us. Indeed, the way you worked with our team in India is very good and lean. I am pleased with the quality of your patent.

Mr. Jayesh Dubey 

The team Brainiac works very professionally and are very responsive. They deliver the work within time. Also, they clear all the queries related to work in very proficient and helpful .

Suresh Chawla

My experience with team Brainiac was very good. The work was done properly within the promised time. The work quality was also good and the whole team guided properly.

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For more information, or for an informal chat about your legal requirements, contact us now for a confidential no obligation discussion.

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