In today’s world, new technologies rarely emerge without ties to existing innovations. After months of development and planning, many projects face termination due to concerns over patent infringement when new products are found to resemble patented technologies.
A Patent FTO (Freedom to Operate) study assesses whether a technology can be commercialized without violating existing patent rights. This process is essential for ensuring business growth and avoiding costly legal disputes.
Key Steps in the Patent FTO Process
Step 1: Market Research
We begin by investigating products available in the market, including those from client agencies, competitors, and other players in the industry. This helps establish a comprehensive view of the competitive landscape.
Step 2: Study of Prior Art
With insights from market research, we conduct an extensive analysis of prior technologies relevant to the product under development. This step focuses on identifying unique characteristics and evaluating patents in major markets such as:
- The US, Europe, Japan, and Korea
- Other critical regions like China and Germany, depending on the situation
Step 3: Patent Applications Check
Next, we identify existing patents in each relevant country that may share similar characteristics with the product. This involves:
- Reviewing national patent databases
- Identifying overlapping claims that could pose risks
Step 4: Judging FTO
We then assess whether the product under development infringes on any existing patents or if it has Freedom to Operate (FTO). This step includes:
- Reviewing relevant patent databases
- Conducting extensive online research
If the product is confirmed to have FTO, we compile a detailed analysis report to support business decisions.
Step 5: Reviewing Patent Invalidation Options
If the product is found to be similar or equivalent to an existing registered patent, raising infringement risks, we explore the possibility of patent invalidation. If invalidation is deemed viable, it is included as part of our recommendations.
Strategic Planning for FTO
Initiating a patent FTO study during the product planning stage is crucial for strategic business development. This allows companies to:
- Develop a leapfrog strategy to bypass existing patents
- Refine the product concept to avoid infringement
- Explore alternative designs and technologies
If infringement risks are unavoidable, we advise adapting the product or business strategy to minimize legal exposure.
Comprehensive Support for Innovation
At Sarang IP Law Firm, we provide end-to-end support, from product planning to comprehensive FTO analysis. Our services help businesses avoid patent infringement risks while identifying new opportunities for innovation and growth.
If your product development is at risk due to potential patent conflicts, don’t hesitate—request a consultation with us today!