Freedom To Operate (FTO)/Clearance Search​

An FTO (Freedom to Operate) Search, also known as a “clearance search” or “risk assessment search,” is a crucial investigation conducted before the launch of a product or service in a specific jurisdiction. The primary aim of an FTO search is to assess the risk of potential infringement on the client’s product or service by identifying enforceable patents and patent publications held by third parties in the relevant jurisdiction.

The Freedom to Operate Search is conducted for several reasons:

1. To minimize potential litigation costs and legal disputes.
2. To develop strategic licensing options for the client’s product or technology.
3. To track patent expiry dates to plan for the product launch.
4. To identify potential assignees or clients interested in purchasing or investing in the product.
5. To guide Research and Development efforts towards specific technology areas.
6. To locate expired patents that can offer a “Safe Harbour” from potential infringement claims.

At Intellect Bastion, our experts conduct FTO searches through the following procedure:

1. Identifying the specific country or countries where the intended product or invention is intended to be launched or used.
2. Identifying the essential components, systems, or processes involved in generating the product.
3. Selecting appropriate patent search sources and databases.
4. Gathering and collating relevant patents that could potentially impact the freedom to operate.
5. Preparing a comprehensive freedom to operate opinion based on the findings to guide the client’s decision-making process.

Our meticulous FTO search services at Intellect Bastion empower clients to make well-informed business decisions, mitigating risks related to potential patent infringement and optimizing the success of their product or service launch.