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Patent Searches for fto

Freedom-to-Operate Patent Searches: Why They Matter

When developing or launching a new product, it is essential to conduct a freedom-to-operate (FTO) patent search. This type of search helps determine whether there are any existing patents that would prevent you from legally manufacturing, selling, or using your product.

What is a Freedom-to-Operate Patent Search?

An FTO patent search is a comprehensive search of existing patents and published patent applications to identify any that may prevent you from using, making, or selling your product. This search includes both domestic and international patents and covers all aspects of your product, including its composition, method of use, and design.

Why are Freedom-to-Operate Patent Searches Important?

Conducting an FTO patent search is crucial because it can help you avoid costly legal battles. If you launch a product that infringes on an existing patent, you could face a lawsuit and be forced to stop manufacturing and selling the product. Additionally, if you're found to be infringing on a patent, you may be liable for damages, which can be substantial. By conducting an FTO patent search, you can identify any potential patent issues before they become a problem, and make changes to your product or business plan accordingly.

How we Conduct a Freedom-to-Operate Patent Search

Conducting an FTO patent search can be a complex and time-consuming process, but there are several steps we take to make it as efficient as possible:

  1. Define your product: Clearly define the composition, method of use, and design of your product. This will help us focus our search and ensure that we're looking for the right patents.
  2. Search for relevant patents: We start by searching for patents and published patent applications related to your product in national and international databases. We use PatBase and IP Australia's AusPat to conduct our searches. 
  3. Review the patents: We carefully review each patent and application to determine whether they could potentially prevent you from using, making, or selling your product.
  4. Consult with a patent attorney: We always recommend consulting with a patent attorney who can advise you on the best course of action in relation to patents that may be an issue. 

Next Steps

Monitor your search: Continuously monitor new patents and patent applications related to your product. We offer Patent Watches which allow you to receive monthly or quarterly updates with any new patents that have been published in your field of interest.  

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