Freedom to operate search is a customized solution offered
by search providers to businesses to give them peace of mind about the
production technology they use or the product they produce. This search gives
them the assurance that is safe to produce a product without violating third
party intellectual property rights. In simple words, freedom to operate search
is carried primarily for the purpose of evaluating the risk of market entry.
There are many other benefits of conducting this study. You will have a better
understanding of competition in given field of industry. It also shows how
packed the market is and who are the biggest investors in the market. You will
also get a sense of new products that will be launched by other companies in
the market.
Different steps
and cost of FTO search
Search providers
complete such analysis in many steps. First of all, the principles are
analyzed. The search expert takes a look at the technology or the product a
company is planning to use or produce. After that, the expert makes a patent
search and collects all accessible information about the
existing intellectual property rights that are in force. Next, the expert makes
a technical comparison analysis to find out whether the technology or product
the company is planning to use or produce is violating a patent or not. If it
is found that it is infringing any patent, the expert then examines in which
country the corresponding patent is valid and how long the protection will
last. Finally, the patent expert recommends how to act further.
Conducting analysis or search is not an easy task. So it is an expensive
affair. The total cost of freedom to operate search might vary depending on
complexity and the work involved. The costing will be calculated based on the
amount of time and efforts a search expert has to put into the analysis.
Results of FTO
search
Once the analysis is
over, the expert will provide recommendations with some risk evaluation. Some
possible recommendations may include many aspects. For example, consider buying
a license or a patent. The expert can also recommend on changing the product or
technology in a way that it is away from infringements, limit activities to
certain markets where technology is not protected or plan entry to certain
markets only after expiration of relevant IPRs.
It is important to
choose a professional service provider for conducting freedom to operate search to
make sure there is no or negligible risk entering a market with a new product
or a new technology.
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