iTAG

online_forms

ITAG Weekly News

Freedom to operate-A patent Search

"Freedom to operate" is also designated as "FTO", is usually done to determine whether research or commercializing a product, can be done without infringing valid patent of others.
Prior-art cited relevant references are looked for the similarities in the inventive step and the method of practicing that invention is of prime concern in order to decide whether the alleged invention is infringing the patent in question.
FTO analysis is required to check the following parameters:

  1. Patents may not have been applied for in many countries; the claimed matter is protected only where there is a patent.
  2. Patents may not have been granted in some of the countries where applications were made; laws about what is patentable vary between countries.
  3. Patents that were issued may not still be in force if the patentee has not made regular payments due.
  4. Patents are a limited monopoly and they do expire.
  5. Some countries have exemptions for certain actions
  6. Patents that were issued in different countries may have broader or narrower claims-so it is really important to look at the claims to see what they read on.

Freedom to operate searches identifies the barriers to the commercialization of products or technologies. FTO involves searching the language of the claims of third-party in-force patents to determine whether the claims of any of the prior art are based on the technology that is to enter the marketplace. Freedom to Operate research is typically conducted as a due diligence effort to prevent potential infringement.
The goal of the FTO search is to find relevant unexpired patents or patent specification that could become commercialization barriers in the countries targeted for the manufacture, sale, or use of the proposed commercial venture.
FTO search is conducted keeping the Claims in the prime value with the validity of the patents. Different IPCs with the technology focus is studied for the claimed disclosure in detail in order to avoid infringement.