Legal Definitions - clear-to-use search

A clear-to-use search, also known as a freedom-to-operate (FTO) search or an infringement search, is a proactive legal investigation conducted to determine whether a proposed new product, process, or service can be manufactured, used, or sold without infringing upon existing intellectual property rights (such as patents, trademarks, or copyrights) held by others. The primary goal is to identify and assess potential legal risks before significant investments are made, thereby helping a company avoid future lawsuits for infringement.

• Example 1: A startup is developing a revolutionary new mobile application that uses a unique algorithm for data compression. Before launching the app globally, the company's legal team conducts a clear-to-use search. This involves meticulously reviewing existing patents related to data compression algorithms, mobile application functionalities, and user interface designs to ensure their new app does not inadvertently copy or utilize technology already protected by another company's intellectual property. The search helps them identify any potential patent infringement risks and allows them to modify their design or seek licenses if necessary, preventing costly legal battles down the line.

• Example 2: A large food manufacturer plans to introduce a new line of organic, gluten-free snack bars with a distinctive flavor profile and packaging design. Prior to mass production and market launch, their legal department commissions a clear-to-use search. This search focuses on existing trademarks for similar product names, logos, and slogans in the food industry, as well as any design patents related to unique packaging shapes. They also investigate potential patent claims on specific ingredient combinations or manufacturing processes. This diligence ensures their new snack bar can be sold without infringing on a competitor's brand identity or patented food technology.

• Example 3: An independent fashion designer creates a unique textile pattern and a novel garment construction technique for their upcoming collection. Before showcasing the collection at a major fashion week and beginning production, the designer's legal counsel performs a clear-to-use search. This search examines registered design patents for similar patterns or garment structures, as well as existing copyrights on textile designs. The goal is to confirm that their innovative designs are truly original and do not infringe upon the intellectual property of other designers or fashion houses, protecting them from accusations of copying and potential legal action.