Patentability vs Freedom to operate

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Patentability -vs- Freedom to Operate
Differences you must know
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Patentability vs Freedom to Operate
Do you have a new innovative idea in your mind
and wondering how to protect it. Well, there are
multiple ways to protect your idea under
intellectual property rights, in which Patenting
gives monopoly right to your idea, and allows you
to exclude other from using, selling, and import
your idea. But before patenting you have to make
sure whether your idea can be patentable, because
if your idea is already known and obvious to the
person skilled in the art then you cannot patent
it. Further, there are millions of patent and
non-patent information available online and thus,
determining your idea is new become risky and
difficult. Because, missing any prior art
reference that is relevant to your idea will
reduce your chances of obtaining Patent
protection.
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This is where you need patent professionals to
help you in identifying whether your idea is new,
how to protect your idea to prevent others from
work around your idea easily and how to market
your idea without infringing? Here in this
article we are going to figure what exactly is
Patentability search and Freedom to operate
search and how they are going to be useful in
terms of your patent.
What is a Patentability Search?
Patentability search is also known as Prior art
search or Novelty search .It is a unique search
used to determine if there is any evidence that
the patent or application is invalid. In other
words, it is done to determine if an invention is
new and not obvious.
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When does Patentability search Useful?

• Patentability search helps to understand the
  differences between what is already known
  (prior-art) and what is new (innovation).
• It can help you to learn, what is already known
  (prior-arts) and thereby explain the scope of
  protection in patent claims.
• Patentability search is like an appropriate
  conscience exercise that can change the risk of
  rejecting a patent application.
• The advantage of prior art search is that an
  inventor can also use the results to understand
  the status of art in his or her field of
  research.
• It helps to reduce the risk of later litigation
  and It helps in searching for both patent and
  non-patent literature to identify relevant
  references to the current invention.

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What is Freedom to Operate search
Freedom to operate (FTO) search is also known as
Patent clearance search or Freedom to Practice
Search (FTP). Freedom to Operate (FTO) indicates
whether it is commercially safe to manufacture
or sell your product in the country you wish to
operate, without infringing on the rights of
third parties currently in operation.
When does a Freedom to Operate Search Useful?
It is very important to conduct a Freedom to
operate (FTO) search before launching a product
or service in the market, within the relevant
jurisdiction. The FTO does an advance search to
identify live patents that can be mapped to the
features of a product or service that companies
need to launch to assess potential breach risk
and prevent further litigation.
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Why FTO is important?

• Therapeutic antibodies have increased
  dramatically for the commercial market
• The number of patents to the anti-body
  technologies has also increased more in figures.
• Thorough understanding is must essential for the
  patent landscape and FTO issues.
• It saves time and money, Instead of spending many
  years and for developing technology only to
  find out blocked from commercializing that
  technology by a third party patent
• Mostly Investors and partners generally consider
  FTO as important as of more important as an IP
  portfolio

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How Freedom to Operate Search is different from
Patentability Search?
Patentability Search usually analysis the full
description of active and non-active patents and
applications because their main focus is to
figure out the proposed invention against the
prior arts. On the contrary, FTO search focuses
on the claims of active and enforce patents to
compare the breakthrough product or technology
with claims to resolve infringement in questions.
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