The Difference Between Patentability Search and Freedom to Operate (FTO) Search

When it comes to the world of patents, conducting thorough searches is a crucial step in the process. Two important types of searches in patent law are the patentability search and the Freedom to Operate (FTO) search. While both searches involve examining prior art, they serve distinct purposes in the patent landscape. In this article, we will delve into the fundamental differences between a patentability search and an FTO search, as well as the variations in the methods used to conduct these searches.

1. Fundamental Difference: The fundamental difference between a patentability search and an FTO search lies in their objectives. A patentability search is performed to assess the novelty and non-obviousness of an invention, determining its potential to obtain a patent. On the other hand, an FTO search aims to evaluate the risk of infringing existing patents or intellectual property rights when commercializing or launching a new product or entering a specific market.
2. Difference in Method of Conducting Patentability Searches and FTO Search: The methods employed in conducting patentability searches and freedom to operate search service also differ in several aspects. Here are some key differences:
A. Purpose and Scope:
• Patentability Search: The purpose of a patentability search is to identify prior art that could potentially invalidate a patent application. It has a broad scope, aiming to uncover any existing technology or knowledge that anticipates or renders the invention obvious.
• FTO Search: The purpose of an FTO search is to identify existing patents or intellectual property rights that may pose infringement risks. The search is focused on determining whether the commercialization of a product or entry into a market would potentially infringe on valid patents.
B. Timing:
• Patentability Search: A patentability search is typically conducted before filing a patent application. It helps inventors and businesses assess the patentability of their inventions before committing resources to the patenting process.
• FTO Search: An FTO search is performed before commercializing a product, launching it in the market, or entering a specific market. It ensures that the intended activities do not infringe upon existing patents or intellectual property rights.
C. Search Parameters:
• Patentability Search: During a patentability search, various search parameters and techniques are employed to identify relevant prior art. This includes using specific keywords, conducting comprehensive searches in patent databases, reviewing scientific literature, and analyzing relevant technical fields.
• Reliable FTO search and analysis company: FTO search focuses on identifying patents that are potentially infringed upon by a proposed product or activity. It involves searching for patents that cover similar technology, features, or methods. The search may extend beyond patent databases to include non-patent literature and industry-specific sources.
D. Outcome:
• Patentability Search: The outcome of a best-in-class patentability search consultancy provides inventors and businesses with insights into the existing prior art related to their invention. It helps them evaluate the novelty and non-obviousness of their invention, allowing informed decisions on pursuing the patenting process.
• FTO Search: The outcome of an FTO search is a clearance opinion that indicates whether there are any existing patents or intellectual property rights that may be infringed upon by the proposed product or activity. It helps businesses assess the potential infringement risks and make strategic decisions regarding their product launch or market entry.