A Freedom-to-Operate (FTO) search is a legal analysis conducted to determine if a product, process, or technology can be developed, manufactured, or sold without infringing on the rights of existing patents. This search helps businesses identify potential risks and navigate intellectual property landscapes, ensuring that they do not violate others' patents. Conducting an FTO search is crucial for innovation and investment, as it provides clarity and protection against legal disputes. Ultimately, it supports strategic decision-making in research and development activities.
It is also known as Infringement Analysis or Clearance Search. It is effective in creating a hassle-free and non-infringing environment for the product’s market. In simple words, the search allows businesses to determine if their product or process utilized or carried out by an entity is not infringing on any live patent’s claim, regardless of the fact whether the product already exists or is in development phase. It helps businesses to allocate resources efficiently and avoid time-consuming litigations.
Unlike other types of patent searches, an FTO search focuses only on active patents, and not on prior art or non-patent literature.
