In today’s era, new technologies rarely emerge from nowhere. Often, projects are halted due to fears of patent infringement, even after months of development, concept building, and planning, only to find that the new product is similar to already patented ones.
A Patent FTO (Freedom to Operate) study involves checking whether a technology can be implemented without infringing existing patent rights. The study undergoes the following procedures:
Step 1: Market Research
We begin by understanding and investigating products on the shelves of client agencies, competitors, and the market.
Step 2: Study of Prior Art
Based on this research, we conduct a broad study of prior technologies, focusing on the distinctive characteristics of the ongoing product planning. This study is conducted in major countries such as the US, Europe, and Japan, as well as domestically. Additionally, we take extra care in regions like China and Germany, if necessary.
Step 3: Checking Patent Applications in Each Country
In this process, we identify whether there are registered patents with the same characteristics as the ongoing product planning.
Step 4: Judging FTO
We also determine whether the ongoing product planning has already lapsed or has been implemented without registration procedures, which is called FTO (Freedom to Operate). This involves not only a review of the patent database but also a broad online search. Once it is confirmed that the ongoing product planning corresponds to FTO, the study concludes with an analysis report.
Step 5: Reviewing the Invalidation of Registered Patents
If there is a concern that the ongoing product planning is identical or equivalent to an existing registered patent, and may thus be infringing, we will consider the invalidation of the patent. If invalidation is deemed possible, it will be included in the report.
A patent FTO study must begin at the product planning stage. Product planning can involve a leapfrog strategy based on the analytic outcomes. If this is not possible, it is advisable to employ a different concept.
We will consider every step, from the basic planning of new products to conducting an FTO study analysis. This will help devise a leapfrog strategy and identify new technologies. Products in development can sometimes pose a risk of patent infringement. In such cases, you can request consultation immediately!
