Certificate Course in Freedom to Operate Search

In this module, we will learn about:

1. Freedom to operate or clearance search and its purpose.

2. Patent rights and infringement

3. Types of infringement

4. Scope of FTO analysis

5. Case laws and examples

In this module you will learn about the points to be taken into consideration before starting an FTO search. An FTO search is very critical for a business and any gaps in the process opted by you may have deadly consequences. We will also discuss the Challenges faced by a searcher while performing an FTO search.

This Module has been divided into three parts:

• Part 1 Anatomy of a Patent

• Part 2 Basics of patent search

• Part 3 Patent search techniques

In Part 1 you will learn various sections or anatomy of a patent. Anatomy of a patent is extremely important to understand not only to perform a search but also to have general understanding about the patent specification.

After understanding the Anatomy of patent in part of module 3, we will move on to Module 3 Part 2 which is about Basics of Patent Search.

Till now we have learnt about anatomy of a patent specification with special emphasis on various types of claims. Purpose of a FTO is to identify the patent document that are likely to be infringed in a given jurisdiction. Accuracy of FTO search result depends upon the search techniques used and the strategy employed to perform search. Now, in this module we will focus on importance of classifications codes, usage of classification codes for a FTO search.

We will also focus on identification of broader potential generic keywords to be used for a FTO search. So let us learn the basics of patent search before starting patent search techniques.

In this module we will learn various search techniques that can be effectively used while performing a FTO search. As FTO search is very critical for a business and any gaps in the process opted by you may have deadly consequences. It is very essential to have a good understanding of various search techniques that can be used for an FTO search.

In this module, we will take up few examples to demonstrate the process of an FTO search. After going through the examples, you are requested to repeat the process of the search independently and check if you are able to get the relevant hits.

Patents do have limitations such as territorial jurisdiction, limited time period etc. In this module, we will learn how to use the identified patent limitations as a key to overcome patent infringement.

In this module we will learn:

• How to map product features with the identified relevant claims; and

• How to write a freedom to operate search report.

Important note:

As there is no standard format to write a FTO search report, based on client’s requirements searchers usually formulate their own template to present an FTO search report. Based on our experience, and expertise, we have tried to give information on claim mapping and how to write a FTO search report. However, the information provided herein, is generic and is provided only for reference, using which, you can formulate your own format for writing the report.