Client: A Multinational Biopharmaceutical Company
Freedom to operate (FTO) | Right to Operate Patent Search Project:
To conduct a freedom to operate (FTO) study for a granted US patent, in the technology domain of gene therapy. It includes the identification and analysis of USPTO granted patents including the patent claims of the patent specification, which may be relevant for the present FTO study, as these patents may restrict the freedom to operate of the biopharmaceutical technology in question.
Business Collaboration: Client will use the information to determine further course of action in terms of technology commercialization, In-licensing and/ or Cross licensing activities, and Intellectual Property Management (IPM).
Why performing Freedom to Operate (FTO patent search) important for a technology company?
Your company’s Research & Development team comes up with a novel pharmaceutical molecule. However, after six or eight months after launch of your pharmaceutical product you receive a legal notice stating that your pharmaceutical product and /or process infringes the patent rights of another company.
How can you obviate the possibility of infringing someone’s patent?
The Answer is Simple: By evaluating your Freedom to Operate.
Now comes the question what is Freedom to Operate search? Why Freedom to Operate search is important for technology companies?
When we talk about Intellectual Property (IP), Freedom to Operate (FTO) search is an assessment of whether you infringe the patented technology (Intellectual property) of another inventor and/or company.
From a patent view point Freedom to Operate (FTO) means that you have ascertained after performing a jurisdiction specific patent search that your process and/or product does not infringe the Intellectual Property (IP) rights of others. However, it should be noted down “freedom to operate” can never be determined with absolute certainty as some patent applications might not be published and available in the patent databases.
Our patent attorneys at Tech Corp Legal LLP practice in numerous fields, including client counseling, patent prosecution in India and patent licensing. Tech Corp Legal LLP intellectual property lawyers specialize in developing company’s patent portfolio, conduct patent searches according to client’s requirement and more than happy to assist in ascertaining Freedom-to-Operate for your technology