Freedom to Operate Searches

Freedom-to-Operate (FTO) searches - also referred to as clearance searches - are in-depth legal assessments aimed at determining whether a proposed design can be lawfully used, commercialised, or registered in a particular jurisdiction without infringing on existing intellectual property (IP) rights held by third parties. These searches are a critical step in the product development and commercialisation process, particularly for businesses seeking to enter new markets or launch innovative designs. 

An FTO search involves a systematic and detailed examination of publicly available databases of registered and pending design rights, as well as other relevant IP rights such as trademarks, or patents that may present a risk of conflict. This process may also include reviewing unregistered rights, copyrighted works, prior use, or market-specific nuances that could influence the legal landscape surrounding the proposed design. 

By identifying potential legal obstacles or areas of infringement risk early on, an FTO analysis enables businesses to make informed decisions about whether to proceed with, modify, or abandon a proposed design. It can also inform strategic choices, such as whether to seek a licence, redesign the product, or limit commercialisation to jurisdictions where no conflicting rights exist. Ultimately, conducting a thorough FTO search reduces the likelihood of costly legal disputes, preserves resources, and supports a proactive, risk-managed approach to innovation and market entry.