Ensuring Product Integrity: A Deep Dive into Design Freedom to Operate (FTO) Analysis – A Case Study

Conducting a Design Freedom to Operate (FTO) search is an essential step for businesses seeking to make informed decisions regarding their products. A comprehensive FTO analysis search identifies potential obstacles when applying for a patent or launching a new product, ensuring that companies can navigate the competitive landscape with confidence. Recently, a global leader in fashion accessories approached Sagacious IP for an in-depth evaluation of potential infringement risks as they planned to acquire several e-commerce product sellers.

Upon identifying identical or closely resembling design patents, we compiled a comprehensive report detailing the likelihood of infringement for each product. The insights provided aided the company in making informed decisions and conducting negotiations. This article explores how we supported the client with a detailed analysis of design patents relevant to fashion accessories.

Client Overview and Project Scope

The client, a well-established name in the fashion accessory industry, aimed to acquire a few e-commerce product sellers in their domain. Concerned about potential infringement risks, they wanted to ensure that there were no active design patents that could pose a threat to these products upon launch. Consequently, to address these concerns, they sought the expertise of Sagacious IP, known for its proficiency in intellectual property research and analysis. The primary goal was to conduct a thorough FTO search to identify any active design patents that could pose an infringement threat to the client’s products.

Our Approach: Design FTO Search

To effectively address the client’s needs, Sagacious IP implemented a strategic and meticulous approach. Here’s how we tackled the project:

• Product Analysis: We began by understanding the key design elements of the products in question.
• Classification Identification: We identified relevant National and Locarno Classifications to our FTO analysis search process.
• Comprehensive Searches: We employed multiple search strategies to conduct comprehensive FTO searches, capturing a broad spectrum of design patents.
• Thorough Analysis: Each design patent was analysed to identify identical, nearly identical, and related designs.
• In-depth Reporting: We compiled a detailed report featuring essential information, such as bibliographic data and legal status. Additionally, we included a dedicated section assessing the infringement risk for each product.
• Country-specific Insights: We segmented the findings by country to evaluate infringement risks in each relevant market, providing country-specific insights.

This exhaustive FTO analysis covered 15 product groups, ensuring no stone was left unturned.

Service Delivered: Design FTO Search Study

The set of identified patents was first reviewed and then manually analyzed by our team of experts. This manual analysis added extra layer of accuracy and reliability to our FTO analysis findings. The final report was tailored with insights and key facts derived from a total of 250 hours of dedicated work, ensuring that the client received a thorough and actionable FTO analysis.

Outcome and Client Benefits

The client expressed high satisfaction with the detailed report and the insights provided. Moreover, our analysis facilitated a thorough due diligence process, effectively pinpointing products that infringed on existing design patents. Subsequently, the identification of infringing products by Sagacious IP gave the client a significant advantage in negotiation. This allowed them to address potential infringement issues proactively and strategically.

Furthermore, the comprehensive nature of our report helped the client assess the viability of their acquisition targets, ensuring that they invested in products with minimal legal risks. This proactive approach not only safeguarded their investments but also strengthened their position in the market.

Impressed by our meticulous approach and actionable insights, the client has since engaged Sagacious IP for additional projects. Our ability to deliver precise and valuable information has established us as their preferred partner for future intellectual property needs. For a deeper understanding of our FTO analysis, download our sample Design FTO Search Report.

– By: Tushar Chaudhary, Nitin Sharma (Engineering) and the Editorial Team

Having Queries? Contact Us Now!