Important things about freedom to operate

6 Important Things About Freedom To Operate Search

Freedom to operate search, as the name suggests, provides an organization the freedom to operate in a new market without the fear of infringement risk associated with launching a new product, process, or technology. A thorough FTO analysis can save the company millions in legal disputes and market reputation.

Modern-day companies have taken a step ahead and started to integrate FTO search into the research and development process. With this, they ensure that their R&D efforts are going in the right direction and that new products don’t infringe upon claims of existing patents in a specific jurisdiction.

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Wissen Research offers comprehensive freedom to operate (FTO) market services to ensure a trouble-free market debut. We offer in-depth FTO/clearance search reports highlighting existing patent obstacles in commercializing or using a new product, technology, or process.

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What is Freedom to Operate search?

Freedom to operate search is a thorough analysis of existing patents and patent applications done by a skilled IP expert to provide an organization freedom to enter a new market. The expert offers an opinion on the ability to commercialize or use a new product, technology, or process.

FTO searches concentrate on patent claims to compare inventions to claims and answer infringement questions. With an in-depth FTO report, organizations can evaluate the risk of patent infringement associated with a specific product.

Things To Keep in Mind While Conducting FTO Search

  • Consider conducting a search and analysis for a new product in the early stages of research and development.
  • Consider the level of FTO assurance you’ll require based on the effort and cost of bringing 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 Can Organizations Proceed After the Final FTO Search Results?

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.

Conclusion

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.