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Legal Definitions - freedom-to-operate search

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Definition of freedom-to-operate search

A freedom-to-operate search, also known as an infringement search, is a type of patent search that aims to determine whether a product or method infringes any existing patents. This search is usually limited to the geographic area where the patent is in force.

  • A company wants to launch a new product in the United States but is unsure if it would infringe on any existing patents. They conduct a freedom-to-operate search to ensure they are not violating any patents.
  • An inventor creates a new method for producing a certain chemical compound. Before investing in the method, they conduct a freedom-to-operate search to ensure they are not infringing on any existing patents.

These examples illustrate how a freedom-to-operate search can help individuals and companies avoid potential legal issues by ensuring they are not infringing on any existing patents.

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Simple Definition

Freedom-to-Operate Search: A type of patent search that helps determine whether a product or method infringes on any existing patents. This search is usually limited to the geographic area where the patent is valid. It is also known as an infringement search or clear-to-use search. It is different from a patentability search or validity search, which focus on determining if a patent can be granted or if an existing patent is valid.

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