IP Risk Assessment or FTO Search

Great product feature in mind? Or starting development on a new product and unsure about the IP risk? Allay those concerns, we are here to help.

In today’s industry staying relevant and competitive is determined by the strength of the patent portfolio, as market positioning is, either by inhouse ownership or via licensing, directly proportional to IP ownership.

The recent increase in the number of patents being registered has further necessitated the need greatly for an exhaustive FTO analysis to mitigate and control the risk of infringement into other live patents. This analysis aims to ensure that the rights of issued patents and pending applications are not encroached upon, including those of invalid patent claims.

While understanding risks, it should be noted that risks can originate from a multitude of sources. These can be either from within a company or outside calling for a proper risk management strategy which can enable proactive rather than reactive responses.

Our approach attempts to identify overlap risks that are not only current but also those that may arise if other similar patents receive grant extensions. This helps in redeveloping the claims to extend the date limitations as well as circumvent any obstructions that may arise during the clearance search. Hence it is best conducted before the launch of a product.

A properly conducted FTO analysis aligned with all pertinent territory laws maximises the value of a patent whilst simultaneously minimising potential litigation costs and possible legal bans in case of infringement. To fortify this right of the claim holder to execute the new technology freely and promote continuous innovation, we strive to provide you with a structured approach to risk management.

During this process, if risks are identified we also provide practical and effective solutions to abate them by carrying out an invalidity assessment. This assessment is the first step towards counteracting any infringement suits that are encountered. An invalidity search is different from a regular prior art search as it attempts to void any claims by focusing on the language of the issued patent rather than just the overall idea of the patent. In doing so claim elements can be investigated in the context of their scope and possible interpretations, and consequently prepare a defence to counter allegations.