A Freedom to Operate Search is a search conducted to figure out if a manufactured product or process is not infringing any patents that are secured by a third party in the marketplace. A freedom-to-operate search is said to be positive when there is an absence of any individual or entity whose patent rights will be infringed upon with the introduction of that manufactured product or process. Freedom to Operate search is only conducted on live patents, hence the attorney will be conducting a search for the last 20 years of duration. Furthermore, since it is a matter of product, jurisdiction plays an important role in a Freedom to Operate search.
Is conducting a Freedom to Operate Search necessary? Conducting a Freedom to Operate search can help in avoiding an obstacle in launching a new product or process in the marketplace. This further omits the possibility of being sued by any third party in case there is a presence of common claim present. At AKSH IP, a freedom-to-operate search is conducted by a team of experienced attorneys so as to guide our clients about the marketplace in which they are planning to launch their new invention.