Infringement/FTO Searches
Infringement Analysis :
Infringement analysis is conducted in order to determine whether a product or a process infringes upon an existing patent claim. In order to conduct an infringement analysis firstly the scope of the claim should be determined and then it should be checked whether all elements of the claim are present in the product or process. Infringement analysis must be done before launching a product or process in a particular Country. It may also be done for litigation proceedings.
Understanding claim construction and determining whether there is infringement risk is a complex process that often involves esoteric analysis. Our patent attorneys help you understand the various risks involved and to determine if you are legally able to sell a product you have developed.
Freedom to Operate Search :
Freedom to Operate (FTO) search is conducted to mitigate the risks of infringement of patents in a particular region/country so that one can take a particular action, like launching, developing or producing a product, without infringing the IP rights of others.
Since a Patent Right is a territorial right wherein the patentee can make, sell, use or license his patent exclusively for a limited period in that particular territory, whenever a product is set to be launched in a specific market, a Freedom to Operate (FTO) search is advised to mitigate the risks of infringement of patents in that particular territory. The report cites similar patents existing in the territory and evaluates the risks of infringement, if any, in launching a particular product.
If your company wants to sell a product, it is important that you know for sure that your product will not infringe any other patented products in the market. Therefore, we always suggest a patent clearance analysis [FTO] of a product to be done before it is launched to be absolutely sure where the product stands. In a patent clearance analysis before the launch of the product, we search through various patent databases in search of patents your product may be infringing upon and give you advise accordingly.
At Intepat, region country-specific comprehensive FTO searches are conducted by technical experts having extensive patent search experience along with various patent search strategies, wherein pending patent applications as well as granted patents are analyzed. An FTO opinion detailing on IP rights, IP law relating to a particular jurisdiction, expiry dates of the patents and assessing how the patented claims might be invalid is rendered to our clients. The FTO report is provided within 10 to 15 days.