Freedom to operate patent searches
Highly skilled and qualified patent attorneys, offering expert advice to individuals and businesses regarding patent prosecution, management and defence.
Freedom to operate is a question of timing as much as law. Ask it early and a conflicting patent is a design decision.
Ask it once the tooling is paid for and the launch date is locked in, and the same patent becomes a very expensive problem.
An FTO search puts the question while you still have room to change course.
What is a freedom to operate patent search?
A freedom to operate (FTO) search in the context of patents involves seeking out and identifying previously granted or pending patents in Australia or overseas.
Unlike a standard patent search which is designed to determine whether you can submit an innovation for patenting, an FTO search is about checking products and processes against existing patents held by others to see if the products or processes will infringe these patents.
Various methods are employed and a wide range of resources are accessed with the goal being to uncover any relevant information that may impact or prohibit freedom to operate in a particular territory.
It does not indicate that you wish to pursue a patent or take the place of a patentability search.
The freedom to operate patent search process
The process of performing an FTO patent search entails a complex and exhaustive examination of existing active patents.
A FTO search normally requires searching painstakingly through one or more entire technology classification fields of patents, either by reviewing the titles or using keywords (or both), with a view to see if the patents:
- Are granted and in force
- Include claims that capture the proposed product or process
Depending on whether the search is being performed for the Australian market or an overseas one, a different approach will be required and different resources checked.
These searches can be quite lengthy to complete and can represent a financial investment, however, they can save you from accusations of infringement as well as:
- Wasted development costs
- Reputational damage
- Having to withdraw products or – services from the market
- Extensive legal costs
Can I perform an effective freedom to operate patent search myself?
While a basic FTO search is possible without professional help, the risk of missing important details is high.
A lack of understanding about where or how to search for patents that may be affected by your intended launch of a new product, process or service could see you facing serious legal consequences.
Should you be accused of infringement and be unable to demonstrate that due diligence was performed through an in-depth FTO patent search, the outcome is unlikely to be in your favour.
For this reason, engaging the support of a qualified patent attorney to assist with this is strongly recommended.
How a patent attorney can help
Highly skilled and experienced in all aspects of patent legislation, a patent attorney is best placed to perform an FTO search and advise on its outcome.
Not only can you be assured that all available information has been thoroughly checked before proceeding, but should conflicts be discovered, they can help you to potentially overcome these.
With their guidance, you may be able to pursue invalidation of the patent, obtain licensing to use the patent, engage in discussions for transfer of ownership or find ways to design around the existing patent.
Ultimately, engaging a patent attorney can keep you from making infringement errors through a detailed FTO search while also supporting you in growing your business as planned no matter its results.
Book your free consultation
Submit a form enquiry below and our friendly attorneys will be in touch as soon as possible.
Our process
We guide you through every stage of the patent process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our skilled patent attorneys
With decades of combined experience behind them, our team of highly qualified patent attorneys provide incomparable advice and guidance in all aspects of patent law.
Our wide range of patent-oriented services includes the provision of detailed FTO searches with easy-to-understand reportings and practical guidance regarding the next steps also readily available.
Whether you require assistance to perform an FTO search before launching a new product, service or process through your business or have concerns regarding misuse of your patent by a third party, we can help.
Dedicated to providing affordable and accessible legal advice that offers zero compromises on the quality of service given, we promise to pursue optimal outcomes at all times.
Detail-oriented and trusted leaders in our field we’re the team you can count on to take the stress and confusion out of determining your freedom to operate.
Barry Meskin
Ali Al-anbuky
Matthew Howe
Mike Biagio
Simon Murphy
Sandra Murphy
Tom Hamilton-Gilligan
Dr Seán Klinkradt
Robin Richardson
Client testimonials
We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
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