In today’s world, new technologies rarely emerge without ties to existing innovations. After months of development and planning, many projects are abandoned over patent-infringement concerns when new products turn out 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 on the market, including those of the client, competitors, and other players in the industry. This helps establish a comprehensive view of the competitive landscape.
Step 2: Study of Prior Art
Drawing on the 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 any existing patents or 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
Sarang IP Law Firm conducts FTO studies for overseas counsel and their clients on Korea-related and multi-jurisdiction matters, coordinating prior-art analysis across major markets with attention to Korean patent practice.
Where a Korea-focused FTO assessment would inform a client’s business decisions, we are glad to collaborate.
