Freedom To Operate (FTO) Search

FREEDOM TO OPERATE (FTO) search also known as Clearance Search. FTO search is all about risk analysis. 

With increased competition in business, the importance of Intellectual Property has become crucial. An FTO (Freedom to Operate) search is a process to determine whether a company or inventor can launch a product or process in the market without the fear of infringing upon existing patents. 

However, a Patentability search does not cover an FTO search. An FTO Search is a detailed analysis of a product or process in the market on all different databases. If any risk seems to occur in the path of patentability, it helps to resolve the problem or minimize the risk of infringement. An infringement for a company or inventor negatively affects their reputation, effort, and finances. Thus, an FTO search should be done at each point of product development.

Objectives Of Freedom To Operate (FTO) Search

• An FTO Search raises awareness about the risks of patent infringement. 

• It identifies where these risks exist. 

• It effectively evaluates strategies to manage these risks.

CHALLENGES IN CONDUCTING FREEDOM TO OPERATE (FTO) SEARCH

• Vast Patent databases need the existence of more specialized tools to check them all effectively.
• Jurisdictional complexity is another drawback of FTO searches, as intellectual property laws vary from country to country.
• Language barriers can also pose challenges, as patents from some countries are written in their native languages, making thorough analysis difficult and often requiring translation.
• Proper resource allocation is essential for identifying high-risk areas and avoiding wasting time on minor issues.

PROCEDURE OF FREEDOM TO OPERATE (FTO) SEARCH

• Products that require a Freedom to Operate (FTO) Search must be broken down into parts because other companies or firms may have Patents on those individual parts, thus it is essential to extract Patents for each part.

• A search will be conducted for each component and it will be used to search keywords by listing the names of each component as it is commonly used in the industry.

• The outcomes of the prior art search will be divided into patent applications; lapsed, abandoned, expired, and in-force patents. "In-force patents" are the most important to examine in a Freedom to Operate (FTO) search. Additionally, since "lapsed patents" have the potential to be revived and become active once more, it is crucial to periodically monitor them.

• The opinion on patent infringement will be determined by the laws of the country where the product will be introduced. This will be based on the findings from the stages of the procedure and the claim charts. Ideally, an advocate should sign the Freedom to Operate (FTO) report.