Freedom-to-Operate analysis or FTO analysis is a kind of patent search that is performed to determine whether a particular action, such as testing or commercializing a product, can be done without infringing valid intellectual property rights of any third parties. The results of the search enable minimization of the risk of patent infringement upon product launch. The search scope includes identification & assessment of relevant patents (in-force and published patent applications) in desired jurisdictions. Product features are mapped with claims of relevant patent documents identified and chances of patent infringement are assessed.
Key learnings
Kinds of patent searches and need to perform the same
Basics of FTO search, search techniques and formulation of search strings/strategies
Identification of relevant patent documents and claim mapping
Calculating term of patent, expiry date and legal status of the patent
Assessing chances of infringement, taking into consideration legal framework of the desired jurisdiction
Preparation of FTO report
Who should join?
The course is useful to any person keen to pursue career in IPR, fresh students as well as working IP Professionals who want to enhance skills and experience in performing various kinds of patent searches. This course is a stand alone course and doesn't need prior knowledge Patent Search Techniques as all the search techniques are included in this course. However, a student needs to understand the basics of Patent.
Mode of training
The course modules are in the form of videos containing text and voice over that explain each topic with examples and screenshots.
Disclaimer
Certificate Course on Freedom to Operate Search has been developed by Origiin IP Solutions LLP. The purpose of this course is to help students to learn the search techniques involved while conducting a Freedom to Operate search, by means of simple examples.
Most importantly, the course also focuses on using patent limitations as an opportunity in case of potential infringement, along with possible infringement bypass options.
The course broadly covers popular jurisdictions, such as, US, EU and India. However, the students shall study the statutory provisions of the respective jurisdiction before giving an infringement opinion.
