Freedom to Operate (FTO) Search
Terms of reference
Within the scope of the FTO search will disclose patent documents in-force in any of the countries presented by you, whose subject-matter are similar with the subject-matter of product or process to be exploited, and a detailed explaining opinion will be provided on whether this product or process falls within the scope of any cited patent.
- prior developing a new product or process losses can be cut, by identifying the possible patent infringements.
- legal, financial and prestige damages can be anticipated, when you are convinced before starting the production, use, marketing or import that he will not infringe any patent.
- export activity can be prepared by identifying the countries where the product to be exploited is not protected by an in-force patent.
- you can be prepared for accusations of infringement.
- licensing deals can be prepared in due time and knowledge.
Description (search, analysis, report)
The FTO Search is carried out on the basis of the description and drawings (if any) of the product or process presented by you, where the technical solution should be clearly disclosed in English, German, French or Hungarian language. The countries where the in-force patent search and analysis is required should also be assigned.
The search is performed in international, and following the agreed national patent databases, on the one hand to reveal the relevant patent documents (including the family members), and on the other hand to define their validity in the countries specified by you.
The FTO Search Report will cite patent documents, in-force in any of the examined countries, revealed by the search considered being relevant to the subject-matter of product or process to be exploited, the Search Report will also indicate the countries where the patent (or its family member) is in-force. Beyond that, a detailed explaining opinion carried out based on comparative analysis will be provided on whether the product or process presented by you falls within the scope of any cited, in-force patent.
A copy of every cited document will be attached to the Report.
The fee of the service will be defined based on calculation taking in consideration the complexity, the number of countries to be examined to be examined and the database requisition, on which a quotation will be delivered in the shortest possible time after receiving a request.
The FTO Search Report is completed within 4 weeks from the day on which the quotation is accepted. In the request you can demand a shorter time limit, of which feasibility you will be informed together with the delivery of the quotation.