Freedom to Operate Search

Freedom to operate searches identify potential patent barriers to the commercialization of products or technologies.

A freedom to operate search examines the claims language of third-party in-force patents and is typically conducted as due diligence to assess the risk of potential infringement.


Uses

  • Support the clearance of products, technologies, or processes
  • Assess infringement risk
  • Uncover licensing needs
  • Provide direction to product development programs

Coverage and Outcomes

  • The search scope includes enforced patents, published pending patent applications, and expired patents (as potential clearing documents). Broad full-text searches are performed on the patent databases in the countries of interest.
  • The result of a freedom to operate search is to identify enforced patents or published patent applications with claims that cover the target technology, process, or product. Final results are arrived at based on a full review of the claims of the most relevant located patents.
  • Typical delivery is within 5 to 7 business days.

Specifications Needed

  • A technology or product description provided as a Word (or similar) document or a PowerPoint (or similar) presentation. The description should clearly delineates the features or subcomponents that require clearance. In the case of a pharmacutical or industrial chemical search, the novel structure(s) and/or compound(s) and/or composition(s) should be provided.
  • The required scope of the clearance (that is, the countries to be targeted by the search).
  • If available, a list of known competitors practicing in the technology area.

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