Why a patent search is not the same as FTO

Conclusion first

A patent search asks “where are the potentially relevant patents?” FTO asks “for this product in this jurisdiction, which live rights may block commercialization or create infringement risk?”

The difference is not the search tool—it is the object of analysis

The same keyword can return many patents. What matters for implementation is which rights may still be enforceable in the target jurisdiction and how the final product maps to the essential elements of those claims.

For a power-tool project, at least four additional steps are usually needed

1. Define the target market and exact product version.
2. Verify patent families, legal status, and key claims.
3. Map claim elements to the actual product structure.
4. Develop design-around directions for high-risk points and run a new search after the design changes.

When a basic patent search is no longer enough

If a customer specifies a reference product, tooling is about to start, the product is intended for the U.S. or Europe, the core architecture closely follows a leading brand, or the project has entered commercial negotiation, the analysis should not stop at “we found some patents.”

Official search resources

• CNIPA: Patent Search and Analysis System
• USPTO Patent Public Search