Freedom To Operate Patent Searches

Highly skilled and qualified patent attorneys, offering expert advice to individuals and businesses regarding patent prosecution, management and defence.

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What Is A Freedom To Operate Patent Search?

A freedom to operate (FTO) search in the context of patents involves seeking out and identifying previously granted or pending patents in Australia or overseas.

Unlike a standard patent search which is designed to determine whether you can submit an innovation for patenting, an FTO search is about checking products and processes against existing patents held by others to see if the products or processes will infringe these patents.

Various methods are employed and a wide range of resources are accessed with the goal being to uncover any relevant information that may impact or prohibit freedom to operate in a particular territory.

It does not indicate that you wish to pursue a patent or take the place of a patentability search.
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The Freedom To Operate Patent Search Process

The process of performing an FTO patent search entails a complex and exhaustive examination of existing active patents.

A FTO search normally requires searching painstakingly through one or more entire technology classification fields of patents, either by reviewing the titles or using keywords (or both), with a view to see if the patents:

- Are granted and in force
- Include claims that capture the proposed product or process

Depending on whether the search is being performed for the Australian market or an overseas one, a different approach will be required and different resources checked.

These searches can be quite lengthy to complete and can represent a financial investment, however, they can save you from accusations of infringement as well as:

- Wasted development costs
- Reputational damage
- Having to withdraw products or - services from the market
- Extensive legal costs
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Can I Perform An Effective Freedom To Operate Patent Search Myself?

While a basic FTO search is possible without professional help, the risk of missing important details is high.

A lack of understanding about where or how to search for patents that may be affected by your intended launch of a new product, process or service could see you facing serious legal consequences.

Should you be accused of infringement and be unable to demonstrate that due diligence was performed through an in-depth FTO patent search, the outcome is unlikely to be in your favour.

For this reason, engaging the support of a qualified patent attorney to assist with this is strongly recommended.
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How A Patent Attorney Can Help

Highly skilled and experienced in all aspects of patent legislation, a patent attorney is best placed to perform an FTO search and advise on its outcome.

Not only can you be assured that all available information has been thoroughly checked before proceeding, but should conflicts be discovered, they can help you to potentially overcome these.

With their guidance, you may be able to pursue invalidation of the patent, obtain licensing to use the patent, engage in discussions for transfer of ownership or find ways to design around the existing patent.

Ultimately, engaging a patent attorney can keep you from making infringement errors through a detailed FTO search while also supporting you in growing your business as planned no matter its results.
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IP Guardian - Skilled Patent Attorneys

With decades of combined experience behind them, our team of highly qualified patent attorneys provide incomparable advice and guidance in all aspects of patent law.

Our wide range of patent-oriented services includes the provision of detailed FTO searches with easy-to-understand reportings and practical guidance regarding the next steps also readily available.

Whether you require assistance to perform an FTO search before launching a new product, service or process through your business or have concerns regarding misuse of your patent by a third party, we can help.

Dedicated to providing affordable and accessible legal advice that offers zero compromises on the quality of service given, we promise to pursue optimal outcomes at all times.

Detail-oriented and trusted leaders in our field we’re the team you can count on to take the stress and confusion out of determining your freedom to operate.
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