Product Development
Identify blocking patents and gain insights on the best course of action: license, design around or initiate patent invalidation efforts by finding prior art
Before launching a new product or service or entering a new market, it is imperative to evaluate if one has “freedom to operate (FTO).” A Freedom to Operate Search, also called a clearance search, is conducted to determine if a product or service infringes upon any patented technologies within a given jurisdiction.
An FTO search identifies potentially infringing elements such as product features, subsystems, or components. It can identify infringement risks not only from existing patents but also from pending patent applications or “potential future rights.” This makes a freedom-to-operate search or a patent clearance search a critical step in reducing the risk of costly litigation or product launch delays.
An FTO search identifies potentially infringing elements such as product features, subsystems, or components. It can identify infringement risks not only from existing patents but also from pending patent applications or “potential future rights.” This makes a freedom-to-operate search or a patent clearance search a critical step in reducing the risk of costly litigation or product launch delays.
A Freedom to Operate Opinion, also known as a clearance opinion, is a legal assessment provided by a patent attorney. The opinion, based on the results of the FTO search, provides guidance on whether the product or service can be commercialized or brought to new markets without infringing upon existing patent rights in a certain jurisdiction.
At Parola Analytics, we work with patent attorneys and trusted IP firms to provide clients with FTO Search and FTO Opinion. This end-to-end support helps businesses gain insights, reduce patent risks, and move forward with commercialization with an informed IP strategy.
Clients who engage us for both services get preferential rates, ensuring a more streamlined process at competitive costs.
A Freedom to Operate (FTO) search, also known as a clearance search, helps determine whether launching a product, process, or technology could potentially infringe existing patents. This type of prior art search provides insights into the potential legal risks associated with bringing an innovation to market.
It is advisable to conduct an FTO search before launching a new product, entering a new market, or investing in product development. Gaining insights on potential infringements allows you to make changes in design, inform your IP strategy or market planning.
A freedom to operate search analyzes existing patents and patent applications in a given jurisdiction. The search identifies patent claims that your product, service, or method could potentially infringe. A clearance search is typically bound by region (US, EU, China, etc), depending on where you want to market.
While both searches review existing patents, a patentability search focuses on assessing the novelty (and to some extent, the non-obviousness) of an invention. A patentability search may include a search on both patent and non-patent sources. A freedom to operate search determines if your product, service, or process infringes on existing patents. This type of search tends to focus on patent literature. The searches serve different purposes, but are often complementary.