What is a freedom to operate (FTO) or infringement search?

What is an infringement search? A patent infringement search goes by a few other names: freedom to operate (FTO), product clearance, patent clearance, infringement clearance, etc. The crux of an infringement search is to assess the risk of patent infringement associated with a particular product. Most seasoned patent attorneys would wisely warn their clients that […]

Read More

Should I have a patent infringement search conducted for a simple product?

What is an FTO search? Also known as a Freedom-To-Operate (FTO) or right-to-use search, a patent infringement search looks for patents that may cover a product or service. An infringement search involves a careful comparison of the patent claims to the product to be sold, as opposed to a novelty search which focuses on the patent drawings […]

Read More

How to Avoid Patent Infringement

Will changing the product 10% to 30% avoid patent infringement? I think part of the reason why patents are undervalued these days is the growing myth that you can avoid infringing a patent by changing your product by, say, 10% to 30% (what does a 10-30% product modification even mean?). Let’s the set the record […]

Read More

How to reply to a patent infringement letter

Responding to a Patent Cease-and-Desist Letter Most business owners do not anticipate receiving a letter claiming patent infringement, so it’s almost always disruptive when it happens. Do not allow your emotions to control how you respond to a cease-and-desist letter. Stay poised, and plan a wise and cost effective response. Keep in mind that the patent […]

Read More