Patentability Search vs. Freedom to Operate Search: Distinctive Differences

Introduction All successful innovation endeavors are built on two cornerstones: novelty and freedom from the law. Inventors therefore need to pose two questions in advance. First, Can I get a patent? Second, Can I sell without infringing on others? A patentability search provides the first answer while a freedom to operate (FTO) search provides the second. While both entail searching patent databases, they differ quite radically in goals, timing, and deliverables. This in-depth guide examines every search, reveals unseen traps, demonstrates actual case studies, and provides actionable advice for converting insights into business successes. Patentability Search Explained A patentability search, or novelty search , examines published patents, applications, and non‑patent literature globally. Its function is straightforward but essential: ensure that an invention is new, non‑obvious, and useful under patent law. Why It Matters Inventors tend to fall in love with concepts. But first, the...