Clearance or FTO Searching

Clearance, Infringement, Right to Use, Freedom to Operate, Right to Manufacture
Whichever name you use, the focus of a clearance search is to identify references that may present a threat of infringement. Our searchers are specially-trained first filters for attorneys, saving you valuable time by reviewing thousands of references to identify the most relevant patents and published applications. In a US clearance search we provide you with between 3 and 300 references (determined by the breadth of the subject matter being cleared) containing potentially infringed claims.

Many firms limit clearance searches to only unexpired patents, but DeMarcoIP prefers to expand these searches to include the expired patent art. This allows us to provide a greater understanding of not just what is claimed, but why it is claimed. By reviewing the expired art, we are able to determine what material has passed into the public domain and help provide you with the information you need to determine your client’s freedom to operate or manufacture. Additionally, expired art quite often provides references that could invalidate or narrow the claims of the more recent art with potentially infringed claims, so you can more clearly determine what has passed into the public domain.

  • “Information is a source of learning. But unless it is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit.”

    —William Pollard

Understanding Clearance, Infringement, Right to Use, Freedom to Operate, and Right to Manufacture

Clearance

At DeMarco IP, our team of specially-trained searchers serves as the first line of defense for attorneys, meticulously reviewing thousands of references to pinpoint the most relevant patents and published applications. This process saves you valuable time and provides precise insights into potential infringement risks.

Our Comprehensive Approach:

  • Thorough Review: In a US clearance search, we deliver between 3 and 300 references, depending on the breadth of the subject matter being examined. These references contain potentially infringed claims, offering a detailed overview of possible legal challenges.
  • Inclusive Searches: While many firms restrict their clearance searches to unexpired patents, DeMarco IP expands this scope to include expired patent art. This comprehensive approach allows us to provide a deeper understanding of not only what is claimed but also the rationale behind those claims.

Benefits of Including Expired Art:

  • Enhanced Understanding: By reviewing expired art, we can determine what material has entered the public domain. This information is crucial for assessing your client’s freedom to operate or manufacture.
  • Invalidation Opportunities: Expired art often contains references that can invalidate or narrow the claims of more recent patents with potentially infringed claims. This clarity helps you better understand the landscape of what has passed into the public domain.
  • Strategic Insights: Including expired patents in our searches offers strategic advantages, providing you with the context needed to navigate the complexities of patent law effectively.

At DeMarco IP, our commitment to thorough and inclusive clearance searches ensures you receive the most comprehensive analysis possible, empowering you to make informed decisions with confidence.