FREEDOM TO OPREATE
Before a product gets commercialized, a freedom to operate search is essential to ensure that the desired product can be safely launched in a specific market (countries or regions) without infringing or violating third party intellectual property rights within that particular jurisdiction.
To establish an FTO, we first conduct a Clearance Search or non-infringement Search locate any granted and alive (in-force) patents or patent applications.
If there are any valid intellectual property rights of someone else that might be infringed by a company’s product, a Freedom to operate search helps in reaching some sort of agreement for a license with the owner of those IP rights.
Helps to evaluate the risk of market entry
Helps to track patent expirations (legal status analysis) to help devise the timing of entry into market
Helps to make decisions relating to potential licensing and mergers or acquisitions among the top players in a technology field.
Provides valuable R&D insights
Steps for Freedom to Operate Search
Understanding the inherited features of a product >> Identifying the target market jurisdiction >> Search for Alive Granted Patents or Patent Applications (in-force) >> Mapping of Product’s features over Elements of Claims of Granted Patents/Recent Amended Claims of Patent Applications (in-force), Alive Patent Applications >> User Friendly Search Report with Analyst Comments for potential risk on Product’s Sale >> Translated PDFs for Non-English References
Reasons that lead to Freedom to Operate Search
Company A wants to sale a product in certain jurisdictions >> Check for IP rights in the jurisdictions to check for any risk to sale of product
Analysis of Recent Claims in force for Alive Patent Applications, Mapping of References based on All Elements Rule, Color Coded Mapping Charts, Coverage of Patent that claim Broad Aspects of the Product
7-8 Working Days