In light of the growing technologies, inventions and the patenting of these inventions across various industry segments; Freedom to Operate (FTO) analysis plays a significant role in determining the route to release a product in the market for non innovator companies.
In this era of globalization FTO search and analysis is not only a need in the home country but also in the countries of operation. Huge investments are made in the process of product development. Instead of doing an FTO search and analysis after the development of the product, it is advisable to do a Technology Landscaping to understand the possible areas of technology or product development. This removes the possibility of heavy R&D investments going into waste.
Digitization of the patent registration process has made it possible to use the patent applications data to analyze the possible infringement. Various English speaking nations patent applications data can be analyzed by a single patent law firm, instead of approaching law firms in different countries. In countries where digitization or translation issues are involved we might to take the help of the local law firms.
Coming to major industry segments like Electronics, Mechanical, Energy and Pharmaceutical and Bio technology, there are few persistent areas of technology developments. In electronics it is the growth of technology is in the areas like Mobile communications, Consumer Durables like Television, computers, ACs, Music players and industrial electronics that has seen Patenting of Inventions. These segments of technologies have to do FTO analysis to avoid possible infringement. Not only that, to be on a safer side it is better to apply for a patent narrating how the invention is different from existing patented technologies to avoid conflict in future.
Nuclear Energy, Solar Energy, Wind Energy are the areas of technological developments where there is scope for patenting in Power and Energy industry.
Electric cars, Fuel Cells, Hybrid cars, electric train, and planes are the strong areas of development in manufacturing.
Hence for a company releasing products in these areas, FTO analysis becomes a mandatory step in the process of product launch to avoid huge damages after launching the product in the market.
In Pharmaceuticals and Bio Sciences industry, the R&D investments are flowing in the direction of drug inventions for Cancer, Cardiovascular Diseases, Diabetes, HIV and Arthritis. Hence companies need to keep an eye not to infringe on existing patents in these strong areas of technological developments.
It is necessary to keep in mind that other technological areas where the developments are mild, the inventions are not free to launches in the market.
Copyright Brain League IP Services 2013