Before you tool up, find out whose patents you might be walking into.
A Freedom to Operate study asks a different question from a patentability search: not whether your idea is new, but whether making, using or selling it in a given country, on a given date, could infringe someone else's live rights.
Our track record
- 8,000+
- Prior Art Searches
- 3,200+
- Patents Filed
- 2,400+
- FER Replies Filed
- 11,000+
- Novel Ideas in Possession
What an FTO study is
An FTO search identifies live patents and published applications whose claims your product or process might fall within, in the specific countries where you intend to make, use, sell or import it. The analysis then compares your product's features against those claims and classifies the risk.
It is jurisdiction-specific, date-specific and claim-specific. An FTO for India says nothing about Germany. An FTO from two years ago says nothing about applications published since.
Why businesses commission one
Because the cost of finding out late is enormous. Tooling, moulds, packaging, distribution agreements and launch marketing are all sunk before a cease-and-desist arrives. Investors and acquirers ask for FTO during diligence. Exporters need it per destination market. Contract manufacturers are often required by their customers to demonstrate it.
How it differs from other searches
A patentability or prior-art search asks whether your invention is new enough to be patented, and looks at everything ever published, expired or not. An FTO asks whether you are free to operate, and looks only at rights that are still alive in the countries that matter. A validity search attacks a specific patent. An infringement analysis is a formal legal opinion on a specific patent and product, usually involving counsel.
These are routinely confused, and the confusion is expensive: a clean patentability search tells you almost nothing about your freedom to launch.
When to commission it
Before committing to tooling or manufacturing. Before entering a new country. Ahead of a funding round or acquisition. When redesigning a product significantly. When a competitor's patent has been drawn to your attention. Early enough that a design-around is still cheap.
What we need from you
A full technical description of the product or process, drawings or specifications, the features you consider essential, the countries and intended launch dates, and any known competitor patents. The more precise the feature list, the sharper the analysis.
Deliverables
A documented search strategy so the work is repeatable. A list of relevant patent families. A legal-status summary for each. Claim-to-feature mapping showing exactly where the overlap sits. Risk categorisation. Stated limitations, including what was not searched. Design-around areas worth considering, and recommended next actions.
What an FTO cannot do
It reduces uncertainty; it does not eliminate it. Applications are published only after a delay, so something relevant may exist but be unpublished on the day we search. Legal status changes. Claim scope can be argued. An automated search alone is not a legal opinion, and we will not present it as one — where you need a formal conclusion, that should involve qualified patent counsel, and we will say so.
How an FTO study runs
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1
Product or process understanding
A technical session with your team to establish what is actually being made.
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2
Feature decomposition
Breaking the product into the specific features that could read on a claim.
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3
Jurisdiction and launch-date definition
Which countries, and from when — this defines the entire search scope.
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4
Live patent and published-application search
Searching what is in force or pending in those jurisdictions.
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5
Relevant claim review
Reading the claims that matter, not just the abstracts.
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6
Legal-status review
Confirming what is actually in force, lapsed, expired or under opposition.
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7
Risk classification
Categorising each finding so you can act proportionately.
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8
Report and strategic discussion
A working session on findings, design-arounds and licensing options.
Questions we are asked most
Is an FTO the same as a patentability search?
No, and the difference matters. A patentability search asks whether your invention is new. An FTO asks whether launching it could infringe someone else's live rights in a specific country. A clean patentability result does not mean you are free to operate.
Does a clear FTO guarantee I will not be sued?
No. It substantially reduces uncertainty and demonstrates diligence, but patent applications publish after a delay, legal status changes, and claim scope can be argued. We state the limitations of every study in writing.
How many countries should we cover?
Where you will manufacture, sell, import or export. Each additional jurisdiction adds cost, so we usually start with your primary markets and expand as the launch plan firms up.
How long does it take?
It depends on the technology's complexity, the number of features and the jurisdictions involved. We give a written timeline with the quotation before starting.
What if we find a blocking patent?
That is the study doing its job, early enough for it to be useful. The options are usually design-around, licensing, challenging validity, or changing the launch plan. We work through them with you.
Talk to an expert
Tell us what you are working on. We will tell you honestly whether this service is what you need, what it involves, and what it costs.
Prefer to talk? Call +91 76006 90996 or email info@mycrave.co.in.