質問
Good afternoon everybody
I would like to know what exactly a "freedom-to-operate" analysis entails and if it necessary for any innovation-based start-up. How much does such an analysis usually cost as a service? Would I have to hire a patent agent or other professionals?
Gratefully,
Connor Trenton
回答: 4 public & 3 非公開
"Freedom-to-Operate" analysis helps you to identify, if your product which you are going to launch in a particular market (country) is infringing any Patents granted in that particular market (country). So, if you are planning to launch your product into multiple markets, you may have to do a FTO for multiple markets. Generally, a product may involve multiple features for which a FTO is required and for each feature to analyse atleast 40 hours of expert's efforts are required. It's very difficult to analyze without seeing the product/ service that how many features are required to be analyzed. On the point, whether an innovation-based start-up should do the FTO, in principal the firm should do the FTO is rather a business decision to be made, inspite of a legal decision. Doing FTO will satisfy you that you are not infringing any patents, but it is not a legal mandate by a country's law. At the same time, FTO may help you in infringement suites, to get you an "innocent infringer" status. I believe, for a technical search and analysis for FTO, you may engage any Patent Information specialist too. However, for a legal analysis and advice, you should engage a country's Patent agent, for which you require the advice.
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