The terms "novelty search" and "FTO search" are often used interchangeably, but they serve different purposes. Understanding the difference is critical to getting the right analysis.
Novelty Search
A novelty search focuses on patentability. It asks: "Is this invention new and non-obvious enough to patent?"
Key characteristics: - Broader scope, often global - Focuses on prior art that predates your filing - Includes patents, published applications, and NPL - Results inform claim strategy and prosecution
FTO Search
An FTO search is commercially focused. It asks: "Can we legally commercialize this product?"
Key characteristics: - Focuses on issued patents (not pending applications in most jurisdictions) - Analyzes claim scope relative to your product features - Often jurisdiction-specific (where you plan to sell) - Results inform product development and licensing
When to Choose Each
Order a novelty search BEFORE filing if: - You're uncertain whether your invention is patentable - You want to optimize your claims - You're evaluating R&D investment
Order an FTO search BEFORE commercializing if: - You've developed a product - You're planning market entry - You need to assess infringement risk
The Ideal Approach
Many companies do both. Novelty search during development informs patenting strategy. FTO search before launch informs commercialization strategy.