With global innovation on the rise, companies around the world are rushing to launch new products. But are they considering infringement factor(s) in their product launch? If a company’s new product infringes any patent in the jurisdiction where they plan to launch their product, it can bleed their cash flow. To overcome such a threat, we recommend conducting an exhaustive patent infringement analysis, more popularly known as Freedom to Operate (FTO) search, before diving headfirst into the market with a new product. This search helps to identify if a product is infringing on another company’s or individual’s patent and saves a business or an individual from getting embroiled in a lawsuit.

The following article discusses how our team helped a prominent Germany-based client to identify and evaluate all patents in a specific domain that could pose a threat to their product launch in specific countries.

Brief Description of the Problem

Our client is one of the world’s largest Germany-based machine tools firm and is engaged in the development, production as well as marketing of machine tools. Recently, they leveraged Sagacious IP’s support to identify and evaluate all patents that could pose an infringement threat to their new product. Essentially, they wanted us to perform exhaustive FTO searches to identify all relevant and related patent documents in the domain that could pose a risk of infringement in the specified jurisdictions.

Solution Offered by Sagacious IP

Our team understood the criticality of the project and prepared a detailed proposal consisting of multiple search strategies to capture the potential pool of patent documents that needed to be analyzed. The key concepts of the client’s product were identified and targeted individually while analyzing patents.

First, a preliminary analysis was performed to shortlist the patent documents that needed further evaluation. Thereafter, a detailed analysis of the shortlisted patents was performed to classify them as relevant or related. Citation searches and quick searches were then conducted to ensure comprehensiveness of search results. At the end of the project, the team delivered a comprehensive PowerPoint report to show risk assessment, claim charting of potential threats, and restrictive aspects of the identified patent claims. Notably, a detailed mapping was provided to indicate the crucial concepts encompassed in relevant or related patents, while bibliographic data and legal status of the patents were shared to help them make an informed decision.

The Impact

Our exhaustive FTO search report helped the client to identify all patent documents in the domain that could pose a threat to their product launch and to make informed business decisions. Sagacious IP’s team analyzed around 5,000 patent documents and delivered a comprehensive report within four days. Ever since the successful completion of this project, the client has been continuously giving us similar FTO search projects for the same domain related to machine tools, which affirms their faith in our business acumen.

Final Thoughts

Today, businesses are constantly innovating and launching new products in the market. However, before launching products, it is essential to ascertain if the new product is infringing on patents owned by another business or individual. In essence, irrespective of the urgency to launch a new product, it is advisable to perform an exhaustive FTO search to prevent legal hassles. Sagacious IP’s Freedom to Operate (FTO) Search service intends to help you to identify potential barriers, guide decisions related to product design and reveal design around technologies. Click here to know more about this service.

– Tushar Choudhary, Nitin Sharma (Engineering) and the Editorial Team

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