Freedom to Operate Search
Need to assess potential infringement prior to a product launch, or planning out your next phase of technical development?
Sagacious IP’s Freedom To Operate (FTO) searches are designed to help you identify potential roadblocks that may need to be licensed or invalidated; as well as guide product design decisions and/or uncover design around technologies.
Detailed FTO searches with multiple language search options
At Sagacious IP, we conduct a thorough search to identify patents with claims that could prevent you from manufacturing or selling a certain product or practicing a process in a specific jurisdiction. These searches are detailed enough to guide you in making sound business decisions.
MS PPT Report: The report includes visual technical analysis based on the identified references. It also includes claim chart mapping of the relevant identified references.
Excel Report: An excel file that includes keywords, IPC classes, search strings, project methodology, patents mapping as per the key features of the provided product and many other details related to project.
Product review – comprehensive identification of features – both state of the art & protected. We cover every feature from all perspectives – method, system, individual parts of the product and combination thereof.
Understanding of laws from different countries – considering broadest claim scope - infringement possibility.
Also the claim construction is taken to the broadest possible – keeping prosecution history & specs support in mind.
Comprehensive searches covering the broadest possible claims – multiple iterations.
80+ countries covered – even some obscure countries are covered – including different rights including utility patents, utility models & design rights.
Accurate legal status analysis – as this is very important.
Analysis based on latest claim sets.
Detailed mapping reporting with Expert comments on each result – visual mapping also available to show how claims are relevant for the product.
Quarterly updates available for FTO search reports – covering legal status changes, claim changes in previously identified results, and new results.
Liability Insurance is also applicable and covers our reporting.
We design the communication in a way that the FTO search reporting is covered under attorney client privilege.
We also can conduct structure & sequence-based searches including expertise in Markush structure searches.
Experience
32,000 hours of FTO Search completed
Projects
400+ FTO projects completed
Some Clients
Brann, White & Case LLP, Abitz & Partner, Patentanwälte mbB
Global Experience
Australia, Belgium, Canada, China, Denmark, France, Germany, India, Israel, Italy, Japan, Jordan, Luxembourg, Netherlands, New Zealand, Poland, Singapore, Spain, Sweden, Switzerland, Thailand, United Kingdom, USA
A Freedom-to-Operate (FTO) search also called clearance search or infringement analysis checks whether a product used, or a process performed by an entity is infringing on any claim of an active patent.
An FTO search should typically be conducted as early as possible in a product or process development cycle.
FTO searches are carried out on granted patents and sometimes also on pending patent applications. Further, these searches need to be as comprehensive as possible. As a result, these searches are time-consuming. Depending on the complexity of the product and the countries where the search is to be conducted, an FTO report can cost anywhere from a few hundred dollars (starts at US $500) to a few thousand dollars (can go as high as US $20,000). Usually, a patent search company will study the product and provide a detailed proposal including search strategies and costs within 24 hours or so. Most of the times such proposals are free and non-binding and could be a good way to judge the cost and capabilities of the company as well as understand more about your search requirements.
Any company or individual inventor can conduct an FTO search to determine whether it has the freedom to operate/use an invention/product in a specific jurisdiction.
Sample
Freedom to Operate Search Report for ICT domain
(Information and Communications Technology and related topics)
Sample
Freedom to Operate Search Report for Engineering domain
(Automotive, Mechanical, Electrical and related topics)
Sample
Freedom to Operate Search Report for Life-Sciences & Chemistry domain
(Biotechnology, Pharmaceuticals, Medical Devices and related topics)
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