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What is the difference between a patentability search with a FTO report?



We know sometimes is difficult to understand the different types of search related with patents. In this case and in simple words, consider the following scenarios:

1) You have no invention and have not filed for a patent; however, you want to manufacture or sell a product. In this case, you may be infringing patents granted to others. FTO – (Freedom to operate); or

2) You have no intention on manufacturing or selling anything; however, you have an invention that you want to patent. In order to be patentable, your invention needs to be new and non-obvious compared to what is already known. PATENTABILITY SEARCH REPORT.

Now, it often happens that there is overlap between these two scenarios, for example if one has an invention and wants to commercialize it and patent it. Nevertheless, these analyses are still distinct and independent.

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