• Early in the product/process development cycle performing an FTO search early in the product or process cycle is important in the following ways –
  • Helps decide the allocation of resources and avoids financial implications during the early stage of product/process development.
  • Reduces the risk of time-consuming and expensive future litigation and point out any potential licensing opportunities.
  • Allows designing around any enforceable patent technology early on in the product/process development cycle.
• Before bringing a product to the market or continuance of a product in a market
  A favourable FTO search conducted before launching a product into the market or its continuance in the market gives an entity an added assurance to support its business decisions and reassure existing investors and shareholders. It may reveal a potentially unexploited market where the entity can make, use, sell or license the invention. In case an FTO is unfavourable with a high probability of litigation, the organisation then has the option to –

   

  • Approaching the entity whose active patent is covering the invention to be operated for licensing or buying.
  • Apply for opposition or invalidation of the relevant patent.
  • Modifying the product so that the infringement objection can be overcome.
  • Not to proceed with bringing the product into the market.
• After receiving a granted patent
  Patent prosecution takes time and the state of the art can change during that duration. It is important to know for a patent holder what other organisations have done with the invention since the disclosure (publication after 18 months of filing) of that technology. An FTO may help him/her locate potential competition or infringement so that they can defend their right. It may help the entity find suitable business partners or attracting investors especially, if it is a start-up.FTO search is thus an essential tool to assess your risk of potential infringement and identify barriers that can be removed by licensing, invalidation, or opposition before product launch or continuance. It helps assert your patent right and, bring in new business opportunities. An FTO search can also serve as a guide to invent around your product during early product or process development.

Using a global patent database such as PatSeer helps achieve a higher accuracy on your FTO searches. PatSeer has many features that allow geographic, date, document type restrictions, for easy FTO-specific patent searches. It also provides up-to-date legal status and remaining lifetime (after factoring term extensions in many countries) of relevant patents for your FTO search.