Freedom to Operate & Clearance Searches.
Before you launch a product, enter a new market, or greenlight manufacturing, know where you stand. Our clearance searches identify the patents that could pose an infringement threat — so you can move forward with confidence.
Your First Line of Defense.
No matter what you call it — clearance, infringement, right to use, freedom to operate, or right to manufacture — the goal is the same: identify references that may pose an infringement threat. 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 saves you valuable time and provides precise insights into potential infringement risks.
OUR DELIVERABLE
What You Receive.
Every clearance search from DeMarcoIP is tailored to your specific product, technology, and target markets. We perform a comprehensive analysis that goes beyond “low hanging fruit” results — including expired art, PCT filings, and design patents that other firms often miss. Our reports are designed to give you the full picture so you can make informed decisions with confidence.
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Depending on the breadth of the subject matter, we deliver a carefully curated set of references containing potentially infringed claims — from focused searches yielding a handful of key patents to broad technology sweeps covering hundreds.
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We include expired art to help determine what has entered the public domain. This is crucial for assessing your freedom to operate or manufacture, and often reveals references that can invalidate or narrow more recent patent claims.
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Our searches include recent PCT filings that could still enter the U.S. jurisdiction and design patents — two categories that are frequently overlooked by other search firms but can pose real infringement risks.
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We evaluate patents across relevant jurisdictions, allowing you to assess risks in all target markets and make region-specific strategic decisions.
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Complete transparency into the databases searched, classification codes used, and keyword strategies employed — so you can see exactly how we arrived at our findings.
HOW IT WORKS
Our Process.
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STEP #1 - Product & Scope Definition
You share your product details, technology description, or design specifications with our team. We work with you to define the scope of the search — including target jurisdictions, product variations, and any specific patent concerns you're already tracking.
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STEP #2 - Search & Analysis
We assign your project to an experienced searcher who conducts a thorough review of active patents, pending applications, PCT filings, design patents, and expired art across the relevant jurisdictions. At any point, you're welcome to speak directly with the searcher working on your project.
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STEP #3 - Review & Delivery
We compile the most relevant prior art into a detailed, easy-to-read report, complete with full transparency into our search methodology. Reports are delivered on time and we remain available to discuss results after you and your team have had time to review. Supplemental searching can also be ordered if needed.
Your Search Team.
At DeMarcoIP, we want you to know who is doing your search. While one of our Directors is likely handling most of the communication, neither of them is doing all the work — our Directors grind out work product alongside the full team of patent searchers. And at any point during the engagement, you're welcome to speak directly with the searcher working on your project.
READY TO BEGIN?
Start Your Clearance Search.
Contact us today to scope your project and take the first step toward launching with confidence.
WHY IT MATTERS
Benefits of a
Clearance Search.
Whether you're preparing to launch a new product, evaluating a licensing opportunity, or assessing risk before entering a new market, a thorough clearance search gives you the information you need to make strategic decisions.
Frequently Asked Questions.
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A freedom to operate (FTO) search, also called a clearance or right-to-use search, determines whether your product or technology may infringe on any active patents held by others. We examine both issued and pending patents in the relevant jurisdictions to assess potential risks and provide actionable insights.
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They're all names for the same core analysis. The terminology varies by firm and context — clearance, infringement, right to use, freedom to operate, right to manufacture — but the goal is always the same: identify patents that could pose an infringement threat to your product or technology.
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Expired art reveals what has entered the public domain, which is crucial for assessing your freedom to operate. It also often contains references that can invalidate or narrow the claims of more recent patents with potentially infringed claims — giving you additional strategic options.
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It depends on the breadth of the subject matter. A focused search might yield 3–10 key references, while a broad technology clearance could deliver up to 300. We tailor the scope to match your needs and budget.
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Yes. Our clearance searches span multiple jurisdictions, including the U.S., Europe, Japan, China, and more. We also include recent PCT filings that could still enter the U.S. jurisdiction, giving you a complete picture of potential risks across your target markets.
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Absolutely. Design patents are frequently overlooked by other search firms but can pose real infringement risks, especially for consumer products.
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A typical clearance search takes approximately three to four weeks, though turnaround depends on the scope and complexity — a single-product, single-jurisdiction search is faster than a multi-product global clearance. We'll provide an estimated timeline when we scope your project and keep you updated throughout.
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Ideally, before you commit significant resources to manufacturing, marketing, or launching a product. The earlier you identify potential patent conflicts, the more options you have — whether that's a design modification, a licensing negotiation, or confidence to proceed as planned.