What does FTO address?
- FTO considers third-party rights relevant to a defined product or activity in a defined territory and timeframe. Patentability searching focuses on whether an invention may qualify for a patent; the two questions require different analyses.
- For example, manufacturing in China may require assessment of relevant Chinese rights even where the product is primarily exported.
Scope and approach
- Define the product version, technical features, manufacturing and sales territories, timeframe and search scope.
- Search and screen relevant patent documents, distinguishing granted rights from published pending applications; check the legal status and claim version of priority documents.
- Map product features against selected claims and identify technical or legal issues requiring further investigation.
- Consider potential design-around, licensing, validity review or monitoring options as appropriate.
Possible deliverables
- A search scope and methodology, prioritized patent list, status records, claim charts, risk analysis and suggested next steps, within the agreed scope.
- The assessment is tied to the specified product, territory and date. Unpublished applications, later changes and information limits can affect the result; no search guarantees zero risk.