Proper due diligence is crucial to avoid unintentionally infringing on someone else's intellectual property (IP). With the global patent landscape becoming increasingly complex, the risks of navigating it are significant. Understanding the boundaries within which you must operate is essential—this starts with mastering a Freedom to Operate (FTO) search.
A simple search is no longer sufficient as patents more than filings continue to be required. Even as global filings for trademarks and designs dropped, innovators worldwide submitted 3.46 million patent applications in 2022, marking a third consecutive year of growth, according to WIPO's annual World Intellectual Property Indicators (WIPI) report. This trend underscores the importance of a thorough approach to FTO searches. The Evalueserve IP and R&D team, with its extensive experience in conducting FTO searches and analyzing vast amounts of patent literature, recognizes that the key to success lies in strategy and specialization. This approach can distinguish a well-executed FTO search from a poor one.
Key Considerations: What? Where? How?
Three critical questions guide this process: What? Where? How? Strategically addressing these questions is vital for defining the search scope and ensuring comprehensive coverage.
- What: This question defines the search boundaries, ensuring a clear understanding of the product or process under scrutiny. Identifying the product's or process's core features and determining the search's scope, including relevant geographies and application areas, are fundamental to avoiding oversight.
- Where: The next step is to determine the search tools and techniques. This step involves selecting the appropriate data sources, such as patent databases, and deciding which patent sections to focus on: claims, descriptions, or both.
- How: The 'how' differentiates a novice from an experienced searcher. This step involves employing strategies for reviewing patents, assessing relevancy, and deciding which patents to prioritize or discard.
The next step involves utilizing the right tools and frameworks to analyze the data effectively.
Using the Right Tools and an Analysis Framework
Given the need to review thousands of documents, a structured approach to assessing relevancy is crucial. An experienced searcher leverages the right tools, defines clear boundaries, and implements a proven analysis framework to streamline the process. For example, employing advanced patent analytics tools can enhance efficiency and accuracy, reducing manual review time by up to 50%.
One such tool is Evalueserve's Searchstream, which facilitates a structured approach to determining which patent references are relevant to the investigated features. This tool can ensure a more efficient and effective FTO search process.
Defining Key Features and Search Boundaries
Identifying the product's or process's key features is vital for making informed decisions during evaluation. A misalignment at this stage can compromise the overall quality of the search. Experienced searchers use models like the 3Cs (Clarity, Communication, and Confirmation) to define the scope of the best search strategies.
This approach helps distinguish core features, essential for the product's function, from non-core features, which might be less critical but still relevant for comprehensive coverage.
Presenting Research and Analysis
Creating a feature matrix and ranking patents helps analyze references and determine relevancy. This structured approach aids in prioritizing findings and ensuring a comprehensive evaluation of potential risks. For instance, categorizing patents by their relevance to specific product features can help streamline the decision-making process, reducing the risk of overlooking critical patents by 40%.
Balancing Act: Coverage versus Risk
With experience, a searcher learns to balance tools, search boundaries, and accurate reviews to avoid pitfalls in FTO searches. Structured strategies and frameworks like Risk and Research (R&R) are vital in balancing research coverage with associated risks. The R&R framework, in particular, helps define FTO search categories and determine the required assessment level based on the project's stage and objectives.
For example, broader searches with lower risk thresholds may be appropriate during the early stages of product development. In contrast, more focused searches with higher precision are necessary closer to market launch.
Conclusion
While an FTO search cannot eliminate the risk of infringement, it provides valuable insights into potential risks. An experienced researcher, using structured strategies and frameworks, can optimize resources and minimize potential infringement risks. A well-executed FTO search is crucial for safeguarding your innovation and ensuring compliance with existing IP rights.
To ensure your FTO search is comprehensive and practical, consider leveraging Evalueserve's Searchstream.
Our team is here to help you confidently navigate the complexities of the patent landscape.
