What factors to consider before conducting freedom to operate search analysis?

Companies should understand the risks of potential infringement prior to launching a new product or service into the marketplace. Freedom to operate searches are the tools used to determine the risks of main patent infringement prior to launching a new product or service in the market. This kind of search identifies patents with claims that may cover a technology. You need to provide a detailed description of your product or service including a list of features requiring clearance and specify the regions where you plan to launch or market your product or service.

You should have the list of your competitors, patent holders and the patents that may be relevant to your product or service. There are many situations for which you should conduct a freedom to operate searches. They are required at the time of product or service launch in any specific region, prior to finalizing a product design so that possible workarounds can be engineered, and prior to investing in a marketing strategy. 

Freedom to operate search studies can be time-consuming and costly. So companies take the time to decide when and where to perform these analyses to reduce risk and maximize value. 

What are the factors that drive them to take informed decisions?

Here are some of the top factors.  

Amount of investment and value of the product : 

It is important for a company to consider the product or service they are going to launch or acquire in terms of its value to the company. Whether it is a high-profit item or low-margin product?  A product with high margin or high volume is most likely to lead to high damage awards if a patent-infringement case goes to trial. Therefore, it is a sensible decision to take the extra step and clear the product before proceeding. Cell phones and televisions are a few examples of products in this category. 

Know what your business objectives are and risk tolerance:

Before you hire an expert to do freedom to operate analysis, a company should give serious thought to how it will handle the results. Do you seek to avoid litigation at all costs? Or are you prepared to walk away from the new product or service if the conditions are not suitable? You need to analyze all these factors before you hire a professional service provider to conduct freedom to operate search for your company.

 The service provider can also help you with other services including patent searches.

So you need to make sure the service provider has good knowledge and experience of this field.