Freedom to operate search
When should you conduct Freedom to operate search (FTO)?
A freedom to operate search or review is basically an analysis to see if you can sell (commercialize) your product without infringing someone's patent rights. Also known as an FTO review, the purpose is to assess the risk of patent infringement for a particular product or service.
FTO searches can be conducted at different stages of product development, such as the initial stage, before launching the product in the market, or after obtaining a patent for the product or process. It is recommended to conduct an FTO search as early as possible in the development cycle to avoid potential infringement issues later.
what strategies we can pursue to mitigate the infringement risks
If FTO analysis shows any potential infringement risks, there are various strategies that we can pursue to mitigate those risks. These strategies include:
- Modifying the product features to avoid infringement.
- Developing new features for the product that do not infringe on existing patents
- Obtaining a license from the patent holder(s) for the infringing patent(s) in the desired jurisdiction.
- Cross-licensing patents with another entity
- Opposing or invalidating the infringing patent(s)
- Putting an end to the idea of marketing the product in a jurisdiction where there is an IP protection issue
Why should you conduct Freedom to operate search?
- To avoid lengthy and expensive patent litigation lawsuit.
- Safely launch of product or services or process without any fear from patent infringement lawsuit
Our Freedom-to-Operate Search Methodology
PatseanIP has developed a unique approach to conducting FTO studies that involves combining advanced search strategies with a deep understanding of the relevant technology and markets. This approach has enabled us to identify good prior art and potential blocking patents. Our methodology includes:
- Identifying the unique or novel features of the product or process that will be commercialized.
- Conducting a search in patent databases to identify relevant patents and published patent applications that cover the identified features.
- Reviewing the identified patents and published patent applications to assess their relevance and potential infringement risks.
- Preparing an FTO search report or opinion that provides an assessment of the potential infringement risks and recommendations for mitigating these risks.
What is the FTO search cost?
The cost of an FTO (Freedom to Operate) search can vary widely depending on several factors, such as the complexity of the technology, the scope of the search, the number of jurisdictions to be covered, the type of analysis required, and the expertise of the search provider. We are an experienced FTO search provider where we can tailor our services to meet your specific needs and budget. We can also provide transparent and detailed pricing information upfront.
It is also essential to keep in mind that the cost of an FTO search is a small investment compared to the potential cost of patent infringement litigation or having to abandon a product or process after investing significant resources in its development. Therefore, it is advisable to budget for an FTO search as part of your overall IP strategy.
