Freedom to operate search is a search conducted to determine the products or inventions that you may infringe on. This specifically determines the risk associated with invention in the future. It makes sure that your invention is not affecting or infringing the third-party in any way. Infringement can get you into a long and costly process of legal trouble. For example, if you have invented a new design of the machine then you should check that all its features and designs are not exactly similar to any other machine design and no one should come after you to infringe.
So, freedom to operate search clears you in such situations well before in advance so that there is trouble in future. If there’s any trouble, you can sense it beforehand and make changes or abandon the invention as per your wish.
Also read: Patent in India: Procedure for Grant
What to look for while doing freedom to operate search?
Patent searching under Freedom to operate search consists of searching patents wisely so that you don’t miss out on any patents. It is important to do an elaborate search and it is recommended to involve an expert and get the service.
- While looking for freedom to operate, it is important to look for active and pending patents that may hinder your process.
- Patents are valid for a period of 20 years. You should look for patents of the past 20 years or more so that any active patent isn’t missed.
- Look for the patents that may be your opportunity in the future.
- Conduct a search in all the countries where you want to sell, use or import the invention.
Also read: How to File a Patent Application
Why is it important to conduct Freedom to Operate Search?
There is no doubt that it is important to conduct freedom to operate search. In fact, it should be conducted as soon as possible in the process of development of the product. This search ensures the inventor and helps him to proceed with the invention and worry less in the direction of infringement. It is important for some basic reasons:
- Freedom to operate search can prevent you from spending time and money on an invention that may already exist and the patent for it is already granted. An invention consumes a lot of time, effort, and other resources; and it will be wasted if not done on the right invention.
- It can also save you from getting into unnecessary litigation which will only lead you to spend extra time and money. Freedom to operate search will aware you in advance so that you don’t get into any legal trouble in the future thus giving you future security.
- Searching and exploring a lot of patents can also show you new ways for product development or whatever invention you are doing.
- It gives information about the license you can grant for your patent or any license you can take for your use. So, it tells you about the potential companies or individuals who can help you in your field.
Also read: Patent Prosecution Highway in India
Can you do it yourself?
So, from the importance discussed above it is clearly very important to conduct freedom to operate search. It also has a very broad aspect and searching in such a wide manner may require expertise. You can also search yourself by searching through various databases and deeply analyzing the search results.
But considering the gravity of failure to conduct a successful search, it is good to let a professional do the task. He can thoroughly search through the databases and based on the search result can conduct a deep analysis.
If you are looking for an expert contact Your Patent Team to get assistance while doing a freedom to operate search. We provide various patent-related services at an affordable price. Our experts help in various technical and legal related matters and come up with the best possible results. We have various trusted clients from over 45 countries and we provide them with the best of our capabilities. You can contact us any time to know more and also avail our services. Visit our website www.yourpatentteam.com and know about various services that we provide.