Freedom to Operate Search

Freedom-to-Operate analysis, also known as FTO analysis, is ideally done before launching or commercializing a product in a particular country/jurisdiction.

Freedom to operate (FTO) patent search is a type of search that is conducted to determine whether a product or process is likely to infringe on any existing patents. The objective of this search is to identify any patents that may block the commercialization of a product or process.

An FTO patent search and opinion can help businesses to make informed decisions about the commercialization of their products or processes, and can provide valuable information for negotiating licenses or avoiding patent infringement lawsuits. However, it is important to note that the results of an FTO search and opinion are not a guarantee of non-infringement, and that there may still be risk of infringement even if a search is performed and an opinion is obtained.

In developed countries, generally every company keeps an watch on what is sold in the market and whether it is infringing their patents. Patent litigation is very expensive and sometimes time consuming.

Also, few companies troll start-ups or small companies by sending them infringement notices. Most the newbies back-off and don’t dare to defend.

But, such problems can be easily avoided through a Freedom-to-Operate analysis by a competent company. To eliminate all chances of faulty litigation, it is always recommended that you opt for Freedom to Operate (FTO) Search and Analysis Services for all the jurisdictions in which you are commercializing the product or service.

We are well-equipped to conduct Freedom to Operate (FTO) analysis with detailed reporting for jurisdictions like Europe, Asia, US, South Africa, India, the Latin American countries, and all other major markets across the globe.

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.