Conducting a Freedom to search analysis is one of the best ideas you can take to avoid upcoming infringement cases. This is a search that involves an in-depth search of whether it’s commercially approved for you to sell or make your product without infringing existing patent holders.
A Freedom to Operate Search (FTO) is performed on any kind of product whether it’s an invention or an innovation with new technologies added to make it different from the existing one.
The points below will enlighten on the legal ways of assessing freedom to search analysis:
You need to set up a well-defined search on patent literature for the issued and pending patent which will help you list out all the elements of your product and use them as identification to your search query to avoid infringing other patents. Gather all the necessary information from clients at an early stage of development to identify all relevant prior- patent granted/applications that would be a potential threat. Having a strong and valid idea about your product will save you from commercial challenges.
Once you have now researched all the necessary information, you can now specify the functional features of your product in detail for proper verification. You must bear in mind that even though you are launching a product, there is always a risk of infringing other patents, so it’s very useful to be careful with your product. Once you realize that it’s violating the rights of a patent, you can make a possible scenario by redesigning your product to prevent the Possible infringement.
This is the last step you can make after resolving everything. To avoid infringement problems, one needs to ensure that the product features are different from the claims of the similar patent
After you realize there is no obstacle preventing you from successful marketing of your invention. You can make it official and enjoy the benefits.
In case there is an alternative to the claims of the subject patent, then look for licensing or invalidation of the patent.
Are you thinking of introducing a product in the market? then make sure you have the freedom to operate/clearance/rights-to-use. Wissen Research is a well-known intellectual property consultant company who helps in identifying the risk of infringement in future. https://www.wissenresearch.com/services/prior-art-searches/freedom-to-operate-search/