![]() The search process will generally produce a large number of potentially relevant documents, which subsequently need to be analysed before a conclusive report can be prepared. The process of preparing a freedom-to-operate analysis involves searching a variety of databases to get a comprehensive overview of any pre-existing rights. How do you prepare a freedom-to-operate analysis? ![]() Such protection may cover the entire product/technology or only some of the components. After the search process, we will conduct a thorough analysis of patent claims and descriptions.Ī freedom-to-operate analysis will determine the scope available in the market and clarify whether the product or technology you are developing already exists or is protected by a patent taken out by one of your competitors. The analysis is based on a variety of database searches that will help determine whether there are any pre-existing patent rights. Potential obstacles to commercialising a productĪ freedom-to-operate analysis gives you an overview of third-party patent rights within a given geographical and technical area and provides an assessment of whether there are any obstacles preventing commercialisation of your product. In addition, it may ensure that you do not spend time and money taking a course of development which is not feasible, because well-established and patent-active players are already present in the market, ready to assert their rights. The freedom-to-operate analysis will determine the commercial scope and help you avoid or considerably reduce the risk of infringing any third-party patent rights. Having a FTO analysis prepared is a good idea, especially if you have to do with products and/or markets characterised by fierce competition. Mapping out existing intellectual property rights More about freedom-to-operate and IP Strategy. We are always ready to help you clarify the best way to meet your needs, and you are welcome to reach out to us no matter how far you have come in the process. These are less comprehensive analyses than a freedom-to-operate analysis, but may in some cases be sufficient. If you are at an earlier stage of your development process, you may instead benefit from having a novelty search prepared or having the patent landscape mapped out. We often recommend our customers to have a freedom-to-operate analysis (FTO analysis) prepared once they have moved past the initial ideas stages, or when they are able to provide a relatively detailed description of the product. When preparing your IP strategy, various analyses may prove very helpful in gaining important market insights. In our experience, you would be well advised to think your IP strategy through at a relatively early stage of the idea generation process. Authored by European Patent Attorney Nanna Meyland Nicolaisen When do you need to prepare an IP strategy?
0 Comments
Leave a Reply. |