A Freedom-to-Operate search is a focused investigation into all active, unexpired patents in the countries where you plan to manufacture and sell (e.g., the U.S. for U.S. sales) that could potentially be infringed by your new product or process. An FTO search is not the same as a patentability search. A patentability search asks: Can I get a patent on my idea? An FTO search asks: Does someone else already have a patent that I will infringe?

The cost of an FTO search, which can range from $10,000 to $50,000 or more, is a necessary investment. Why so expensive? The search alone takes a significant amount of time and must be done with precision, then the analysis and opinion take even more time. The entire filing history of any patents of concern must be looked at to determine whether infringement would exist, and the claims must be read and evaluated with an eagle eye.

Yes, the price can be steep, but compare that cost to the potential financial fallout of not having an FTO search done.

The immediate scare is a lawsuit. Being sued for infringement means injunctions (stopping sales), product recalls, legal fees, and damages. An FTO search can’t guarantee you won’t be sued, but it can reduce the likelihood of being sued, and it can reduce the penalties if you are sued and lose.

The triple threat is if you lose the lawsuit. If the infringement is deemed willful (meaning you knew the patent existed and proceeded anyway), damages can be tripled by the court. An FTO search, followed by a formal, written Opinion of Counsel from an experienced patent attorney, is the single strongest piece of evidence you can use to show a court that you did not willfully infringe. It demonstrates you acted responsibly and in good faith.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #patentsearch #intellectualproperty