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Design Freedom to Operate Search

Design Freedom to Operate Search

Overview

Design Freedom to Operate Search

Before releasing a new product, the Freedom-to-Operate (FTO) search for design patents is performed to assess the likelihood of infringement. 

When a business or individual breaches a design patent term, it is considered design patent infringement. When two designs of an object are side by side, the average person would not be able to distinguish between the design of a patented product and the accused object. Therefore, it is necessary to provide evidence that a corporation has exploited the design of another to assert infringement. Also, for a new product launching firm it is important that their products do not infringe the others’ rights.

 

Purpose to conduct the design FTO search
 

  • Lowering the risks related to the infringement: Design FTO helps mitigating the risk of infringing on existing design patents. By conducting a thorough design FTO search, you can identify any existing design patents that may pose a risk to your planned design.
     
  • Meeting the product with legal compliance: The design FTO ensures compliance with IP laws and regulations. Knowing the existing design patents and IP rights in your design's domain and in the desired jurisdiction helps you avoid legal disputes and potential litigation.
     
  • Enhancement of the design: It also provides insights into existing technologies in the market and design patents in a jurisdiction, which can inspire the design and inform design modifications or alternative approaches to avoid infringing on existing design patent.
     
  • Seeking licensing opportunities: The design FTO also helps in identifying the potential licensing opportunities for incorporating existing patented designs into your product, enabling you to leverage existing innovations legally and efficiently.
     
  • Due Diligence: It is also essential for due diligence processes, such as mergers, acquisitions, or partnerships, to evaluate the intellectual property risks associated with the target company's product designs.

 

To ensure that your design is developed, produced, and sold without violating the intellectual property rights of others, you must conduct a design FTO search. This will maximize the market potential of your design and reduce any potential legal issues.

 

Problems associated with design FTO search
 

  • Inability to understand the designs of the company: Sometimes it becomes tricky to describe the design in question exactly, due to which the search results miss the potential design patents.
     
  • Incomplete or outdated databases:  The incomplete or outdated databases lead to the possibility of skipping potential design patent or designs which are published before the launching date in a jurisdiction.
     
  • Vagueness in design patent claims:  Design Patent claims can be vague or broad, they are understood by type of lines. Inexperienced searchers often miss the claimed part of the design in the design patents. Due to which it becomes unclear to determine if the product in question infringing the found design patent or not.
     
  • Risk of litigation:  Even after design FTO searches, there is always the possibility of missing important patents or misinterpreting their scope. This can make businesses exposed to lawsuits and legal conflicts, which can be costly and harm their brand.
     

We provide solution to all the above listed problems which occurs at the time of conducting the Freedom to Operate search, our team has been conducting the design FTO search from several years. We have served clients in many countries. Our team is proficient to conduct design search for all classes of designs. We carry out the design FTO search in best possible way, providing you all possible live patents or other intellectual properties which can hamper the launch of your product in the jurisdiction.

We say: Navigate innovation safely with our design FTO search – where freedom meets opportunity!

 

Our team conducts the successful design FTO searches in the following manner:

  • Design Understanding: Understanding the design of the product to make a product-description, Understanding the technology area, the geographical regions of interest, and the specific features of the product which makes the design of the product unique.
     
  • Key word and classification-based search: We make key words and key string using the product description for conducting the alive design patent search in a jurisdiction. Our experts use many paid databases and uses various filters to reach to the best possible results. We also use class-based search, for this we search the design in all the classes stated by the Locarno classification. It helps in narrowing down the search result and provide you more accurate search.
     
  • Search: Searching other non-patent designs publications or products in the same jurisdiction. We search similar designs on e-commerce websites such as amazon, Flipkart or any jurisdiction-based e-commerce website to identify any product whose design may be similar to your product.
     
  • Analysis and comparison: Analysing the search results, comparing the claims of the found live patent with the product description. Mapping the similarities between the product and claims of found design patents.
     
  • Documentation: Documenting all findings and analyses in a report. We also provide you the lists of potentially relevant design patent, related design patents.


We conduct design FTO search in best possible time and cost. Our clients have praised our work time and again in their testimonials. We will be very happy if we can help you out in any query related the design FTO search.

Why IIP Search?

IIP Search is helping its clients in taking learned decisions about their product-launch in a jurisdiction by providing design freedom operate search service. Our reports on the FTO search for design patents deals with a prior art search conducted against a product design. In our reports the entire search approach is covered, and a list of all pertinent design patents found throughout the search is provided along with the report.

 

Features of design FTO search service

 

  • IIP Search has best in class team for conducting the design FTO search and helping the companies taking learned decisions before launching their product in the jurisdiction. Our experts conduct design FTO search in all classes of articles.
  • We have been consistently delivering effective design FTO search reports for our clients in more than 80 countries.
  • Having legal experts for understanding the claimed part of patented designs and for comparing them with the design in question. 


Our report comprises:

  • Complete understanding of your design
  • List of design features of your design
  • List of prior arts (potential design patent/ non-patent publication) that your design infringes
  • Analysis of prior arts in comparison to your product in a MS-excel or pdf format.


We help businesses and individuals conducting thorough FTO searches on design and spot possible roadblocks to product launches or patent approval. Our tailormade design FTO search will make sure that you launch your product without any future infringement worries.

Technical Domains

Frequently Asked Questions ?

Q.1: What is a Design Freedom to Operate (FTO) search report? Why is a Design FTO search important for businesses?

A thorough investigation carried out to evaluate the possible risks of patent infringement connected with creating or developing a new product or technology is known as a Design Freedom to Operate (FTO) search report. The intention to conduct the design FTO search is to specifically assess design patents and other non-utility intellectual property rights, in contrast to a standard FTO search, which concentrates on utility patents. To ascertain whether the suggested design would violate any already-existing rights, this report looks at current design patents, trademarks, copyrights, and other design-related intellectual property. It aids businesses in comprehending the state of design in their sector, spotting possible roadblocks, and formulating well-informed design plans.

Q.2: How can a Design FTO search report impact product development?

A Design FTO search report impacts product development by:

  • Avoiding infringement risks.
  • Guiding design choices.
  • Protecting investment.
  • Enhancing marketability.
  • Supporting IP strategy.
  • Streamlining legal processes.

Q.3: When is the best time to conduct a Design FTO search during product development?

The ideal time to carry out the design FTO search is in the early phases, ideally before major resources are allocated to the project. Businesses can uncover the risks of design infringement and make well-informed judgments regarding the course of their product development by starting the search early on.

Ideally, a Design FTO search should be conducted:

  • At the Conceptual Stage: The early assessment can prevent the need for costly design changes later in the process.
  • Before Finalizing Designs: It provides an opportunity to modify design elements or explore alternative design approaches that minimize the risk of infringement.
  • Prior to Manufacturing: This ensures that resources are not wasted on producing a product that may later face legal challenges due to design infringement.

Before Launching the Product: It allows companies to confidently bring their product to market without the fear of legal repercussions.

Q.4: Who should perform a Design FTO search?

  • Intellectual Property (IP) attorneys or legal professionals for legal expertise.
  • Technical experts or engineers for understanding product design.
  • IP consultants or firms combining legal and technical skills.
  • Cross-functional teams with legal, technical, and business expertise.
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