Freedom To Operate Search (FTO) in India:
How to Conduct Freedom To Operate Searches For Patents in India?
Freedom to Operate (FTO) search is also known as Right to Use search. The companies prior to making huge investments like launching a new product or initiating a new line of research leading to development of new product perform FTO search in order to ensure that the commercial production, marketing and use of their new product, process or service does not infringe the intellectual property rights of others.
FTO includes a comprehensive search and analysis of patent literature i.e. un-expired patents and published patent applications. However, while conducting such searches, it is imperative to bear in mind that patent protection is territorial and have limited scope and duration.
Freedom to operate searches can be used:
- For mapping out a technical field: By reviewing existing patents, companies can obtain a comprehensive understanding of the technological domain relevant to their industry.
- To know the possible infringement: Businesses can assess whether their innovations might conflict with existing patents, allowing them to modify their strategies accordingly.
- To know the countries where possible rights apply: Since patents are territorial, an FTO search helps businesses understand where intellectual property protections apply and how they might affect market expansion.
- As inspiration prior to the commencement of a new development project: Conducting an FTO search before initiating a new development project can provide inspiration and direct research efforts toward unexplored areas.
- To know who is operating within a given field: Companies can gain valuable insights into who is operating within a specific technological field and assess the competitive landscape.
- To evaluate the potential for new activities in an area: Businesses can explore untapped markets or emerging industries by understanding patent trends and legal frameworks.