Are you taking steps to assure that you will have the freedom to develop and sell the products you’re working on?
Before launching the product or service in the marketplace, it’s crucial to know exactly what you’re looking for. To begin, you must be knowledgeable about your product as well as the market and industry to which it belongs. While market research is essential, but it is also crucial to know whether the product has Freedom to Operate (FTO). Wissen Research can assist you in conducting an FTO search.
What is Freedom to Operate search?
Freedom to Operate (FTO) refers to the ability to commercialise your invention in a market without the risk of infringing on a third-party patent.
FTO searches concentrate on patent claims to compare inventions to claims and answer infringement questions.
To find out if your product contains FTO, you must first perform an FTO search. Patent infringement searches, patent clearance searches, and infringement clearance searches are all terms used to describe FTO searches. An FTO Search is used to evaluate the risk of patent infringement associated with a specific product.
Why FTO search is required?
- An FTO search may be a wise investment if your product development is at an early stage where changes are possible. If you identify key patents early on you may be able to design around the claims of the patents that pose the greatest risk of infringement.
- The FTO Search provides additional value by uncovering new, unexplored ideas while also lowering the risk of subsequently facing an infringement case.
- FTO Search can also be used to strategically build your product to avoid infringement and find non-claimed ideas.
6 Important Things to Remember About FTO
Always ensure the following when it comes to FTO:
- Consider conducting a search and analysis for a new product when it is in the early stages of development.
- Consider the level of FTO assurance you’ll require based on the effort and cost it’ll take to get your product to market.
- When it comes to searching, think about your top competitors and/or their technical fields, then limit your search accordingly.
- Your search should be limited to key markets.
- Determine if third-party rights are pending (with an unclear scope) or granted (with a confirmed scope), and consider accordingly.
- Seek the assistance of an expert.
How to Prevent Any FTO Risk?
An organisation can determine how to proceed based on the results of the search – whether to license necessary technologies, modify the idea or approach, or, in some situations, abandon the project altogether. A legal opinion may be sought in various situations, depending on the amount of resources or investment to be committed to a project.
A thorough FTO search can help estimate the risk of patent infringement, identify licensing requirements, and guide product or technology development in the proper direction. FTO analysis can be beneficial to an IP strategy. It enables a business to detect, mitigate, and manage risk while also discovering areas where patent coverage is limited or non-existent, presenting opportunities.