The Importance of Freedom to Operate – Why You Could Be Jeopardising Your Company Success & Growth
In today’s fast-paced and innovation-driven business landscape, securing your company’s success and growth means not only developing ground-breaking products and services but also ensuring that you have the freedom to operate without infringing on others’ intellectual property rights. That’s where Freedom to Operate (FTO) comes into play.
What is FTO, and why is it crucial?
FTO is the legal right to market and sell your products or services without violating the intellectual property rights of others, such as patents, trademarks, or copyrights. Ensuring FTO is a fundamental step in your business strategy for several compelling reasons:
1️⃣ Avoid Costly Litigation: Accidental infringement can lead to expensive legal battles and damage to your company’s reputation. FTO helps you minimize these risks.
2️⃣ Protect Your Investments: Your investments in research and development, innovation, and market entry can be jeopardised if you don’t secure FTO.
3️⃣ Boost Investor Confidence: Investors are more likely to support businesses with a strong FTO position, as it reduces uncertainties and potential legal liabilities.
4️⃣ Foster Innovation: Knowing your FTO status encourages innovation, as it ensures that you won’t unintentionally infringe on someone else’s intellectual property.
Identifying Problem Patents
To secure your FTO, it’s vital to identify any problematic patents that might hinder your operations. This is where a professional FTO search comes into play.
Here’s why it’s crucial:
🔬 Comprehensive Analysis: Professionals have the experience and tools to conduct thorough searches across multiple databases and sources, to help identify the most relevant patents.
🧐 Expert Evaluation: FTO experts (Patent Attorneys) can assess the relevance and potential impact of patents on your business, helping you prioritise and make informed decisions.
🌟 Proactive Approach: A professional FTO search allows you to address potential issues before they become costly obstacles.
Key Takeaway
In a competitive and innovative business world, securing your Freedom to Operate is not just a legal requirement—it’s a strategic imperative. By conducting a professional FTO search, you empower your business to navigate the complex IP landscape, minimise risks, and focus on what you do best: driving innovation and growth.
With 1 in 10 people living with Diabetes globally (537 million), and this is expected to rise to 643 million by 2030 and 783 million by 2045[i], finding new ways of preventing, diagnosing, and treating the disease is crucial. To celebrate World Diabetes Day 2023 we take a look at what innovations are being developed in the Health Technology sector relating to diabetes. To do this we initially ran a simple search on diabetes and isolated the search to the last five years publications only.
During this time, there have been almost 300k patent publications relating to Diabetes. As Figure 1 shows the patents are in a variety of classifications. However, almost a quarter of the publications relate to classification codes A61B5/145[ii] (Measuring Characteristics of Blood in Vito) and A61B5/00[iii] (Measuring for Diagnostic Purposes) and we will look at the innovators in this space and highlight a few of their patents.
Figure 1
Who are the main players in Diabetes Monitoring?
Figure 2 shows Roche, Dexcom, and Medtronic dominate, and we will showcase some of their recent patents.
Figure 2
Roche Diagnostics – Patent number US2020250939A1 MEDICAL DEVICE ALERT, OPTIMIZATION, PERSONALIZATION, AND ESCALATION
Figure 3 – Patent number US2020250939A1
This patent alerts the user via a message sent to their watch, smartphone, smart speaker, etc that their glucose levels have changed. The alerts will get progressively louder/stronger until the user acknowledges the message.
Dexcom – Patent number US2023138673A1 – RANKING FEEDBACK FOR IMPROVING DIABETES MANAGEMENT
Figure 4 Patent number US2023138673A1
This patent is a method for providing feedback based on glucose measurements. Readings are taken and analysed against historical data with alerts sent to the wearer advising if readings are higher/lower than normal at periodic times. Ways to make improvements are suggested if particular actions are taken, ie exercise activity.
Medtronic – Patent US2022143314A1 – DIABETES THERAPY BASED ON DETERMINATION OF FOOD ITEM
Figure 5 Patent number US2022143314A1
This patent by Medtronic discloses a method for adapting diabetes therapy based on what a person eats. Using a mixture of wearable devices and cameras, information is generated allowing therapy to be tailored to the individual based on their diet.
Measuring characteristics of blood in vivo, e.g. gas concentration, pH value; {Measuring characteristics of body fluids or tissues, e.g. interstitial fluid, cerebral tissue}(measuring of blood pressure or blood flow A61B5/02; non-radiation detecting or locating of foreign bodies in blood A61B5/06)
Measuring for diagnostic purposes (radiation diagnosis A61B6/00; diagnosis by ultrasonic, sonic or infrasonic waves A61B8/00); Identification of persons
Are you developing new inventions around Diabetes?
At PatWorld, we understand the importance of protecting your #HealthTech inventions, and we can provide our clients with accurate, reliable, and cost-effective information and services tailored to meet individual needs.
Monitoring Your Competitors’ Patent Filings: A Vital Competitive Strategy!
In today’s fast-paced business landscape, staying ahead of the curve is key to success. One often overlooked yet invaluable tactic is monitoring your competitors’ patent filings. Here’s why it’s essential:
1️⃣ Innovation Insights: You gain valuable insights into your competitors’ R&D efforts by tracking their patent activity. This enables you to anticipate their next moves, stay innovative, and make informed strategic decisions.
2️⃣ Protect Your IP: Recognizing potential overlaps between your intellectual property (IP) and that of your competitors helps you protect your assets and avoid costly legal battles down the road.
3️⃣ Partnership Opportunities: Identifying areas of synergy can open the door to collaboration or partnership opportunities, fostering growth and diversification.
4️⃣ Competitive Positioning: Knowing what your rivals are patenting allows you to assess their technological strengths and weaknesses, empowering you to position your offerings more effectively.
5️⃣ Risk Mitigation: Understanding the competitive landscape helps you prepare for market disruptions, mitigate risks, and adapt your strategies accordingly.
6️⃣ Compliance and Licensing: Monitoring patents ensures you stay compliant with existing IP laws, and it might reveal opportunities for licensing or cross-licensing agreements.
Don’t wait until your competitors are miles ahead—start watching their patent activity today. Leverage tools and experts to streamline the process, and keep your business at the forefront of innovation. 🚀
Set up a patent watch TODAY and keep an eye on your competitors. Request a Quote
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Have you been accused of violating a patent or concerned about an existing patent? Our invalidity search can help you determine if that patent is valid. This can provide valuable information to support your defense. If you are being targeted by a patent (accused of infringing a patent), this search (also known as a patent-busting search), can assist you in attempting to invalidate the patent.
Our search can also be used to evaluate the strength of your own patent before launching your product or enforcing your patent. It can also be used to assess the worth of a patent you are considering purchasing. (These searches are also referred to as Validity searches).
Why Choose Us?
Our team of expert researchers will deliver reliable, thorough results quickly and efficiently. We understand that timing is critical in the world of patents, and we strive to get you the information you need when you need it.
Don’t leave anything up to chance when it comes to patents. Request a quote now and take control of your intellectual property. Contact us today to learn more.
PatWorld Global IP Research Services are experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. As a patent search firm we work with Patent Attorneys worldwide, and do not offer legal opinion. We would advise individuals to speak to a patent attorney either before or after instructing a patent search. Need help in deciding which search you need? Email: [email protected] for information or for an Patent/Design Busting quote today!
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Ensure Your Invention’s Success: Request an FTO Search and Mitigate Legal Risks!
As you sit at your desk, staring at the latest prototype of your invention, you can’t help but feel a mix of excitement and anxiety. You know that your product has the potential to disrupt the market, to solve a problem that nobody else has solved yet. You also know that your product is not entirely original and that it builds on some existing technologies and concepts. You wonder: what if someone else has already patented something similar? What if you invest time, money, and resources into this project, only to face a legal challenge that could bankrupt you?
You need to find out if you have the Freedom to Operate (FTO). You need to know if your invention infringes any existing patents in the relevant countries. You need to assess the risk of litigation. You need to make an informed decision about whether to proceed with this project, to pivot, or to abandon it.
That’s where an FTO search comes in. An FTO search is like a detective investigation, a treasure hunt, and a crystal ball all rolled into one. It requires expertise, experience, and access to reliable databases and tools. It involves analysing patent claims, specifications, drawings, and legal precedents. It entails interpreting complex technical jargon, identifying relevant prior art, and weighing legal opinions.
An FTO search can save you from costly mistakes, legal disputes, and missed opportunities. It can help refine your invention, avoid infringing on other people’s intellectual property, and enhance your bargaining power in licensing negotiations. It can also give you peace of mind, knowing that you have done your due diligence, explored your options, and made an informed decision.
So, if you are a start-up founder, an inventor, a product manager, or a business leader, and you want to maximize your chances of success, don’t neglect the importance of an FTO search. Request a quote today and unlock the power of knowledge.
PatWorld are experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. As a patent search firm we work with Patent Attorneys worldwide, and do not offer legal opinion. We would advise individuals to speak to a patent attorney either before or after instructing a patent search. Need help in deciding which search you need? Email: [email protected] for information or for an FTO quote today!
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Innovation is the lifeblood of any successful business. But with innovation comes the risk of patent infringement, which can result in costly lawsuits and damage to your brand. In today’s competitive market, it’s more important than ever to protect your intellectual property. That’s where patent search comes in. By conducting a thorough search of existing patents, you can identify potential infringement risks and take proactive steps to avoid them. In this article, we’ll explore the importance of patent search and how it can save you from costly legal battles. Whether you’re an entrepreneur launching a new start-up or a seasoned business owner looking to protect your intellectual property, understanding the basics of patent search is essential. So, let’s dive in and get started!
What is patent infringement?
Patent infringement is the unauthorized use, manufacture, or sale of an invention that is covered by a patent. When a patent is granted, the owner of the patent has the exclusive right to use, sell, or license the invention for a certain period. This period is normally 20 years, although longer in certain circumstances.
If someone uses, makes, or sells a product that infringes on a patent, the patent owner can sue for damages and ask the court to stop the infringing activity. Patent infringement can occur in many forms, such as using a patented process, making a product that is covered by a patent, or selling a product that infringes on a patent. Even if the infringement is unintentional, it can result in costly legal battles and damage to your reputation.
The importance of patent search
The best way to avoid patent infringement is to conduct a patent search before launching a new product or service. A patent search helps you determine whether a particular invention or idea is already protected by an existing patent. By identifying existing patents, you can avoid infringement risks and take proactive steps to protect your intellectual property.
A patent search can also help you identify areas where you can improve your products or services. By analysing existing patents, you can identify gaps in the market and come up with new and innovative ideas. This can help you stay ahead of your competitors and drive business growth.
Types of patent searches
There are several types of patent searches, including:
Novelty search
A novelty search helps you determine whether your invention is new and non-obvious. This type of search is conducted before filing a patent application to ensure that the invention meets the requirements for patentability.
Infringement (Freedom-to-Operate) search
An infringement search helps you determine whether your product or service infringes on an existing patent. This type of search is conducted before launching a new product or service to avoid potential legal battles.
Conducting a patent search
Conducting a patent search can be a complex and time-consuming process. However, there are several resources available that can help you conduct a thorough search. These resources include:
Patent databases
Patent databases such as the USPTO (United States Patent and Trademark Office) and the EPO (European Patent Office) provide access to millions of patents worldwide. These databases can be searched by keyword, inventor, assignee, and other criteria.
Patent attorneys
Patent attorneys can help you conduct a thorough patent search and provide legal advice on intellectual property matters. They can also assist you in filing a patent application and defending your patents in court.
Patent search firms
Patent search firms specialize in conducting patent searches and providing detailed reports on existing patents. These firms can help you identify potential infringement risks and develop strategies to protect your intellectual property.
Understanding patent classification
Patent classification is a system used to organize patents into categories based on their subject matter. Understanding patent classification can help you conduct a more effective patent search and identify relevant patents in your field.
Patent classification systems vary by country. In Europe, patents are classified using the International Patent Classification (IPC) system, which includes over 70,000 subclasses. In the US, patents are classified using the USPTO’s classification system, which includes over 400 classes and over 140,000 subclasses. There is also the CPC (this is a combination of the European classification (ecla) and US classification schemes.
How to interpret patent search results
Interpreting patent search results can be challenging, especially for those who are not familiar with patent law. However, there are several key elements to look for when reviewing a patent search report. These include:
Relevant patents
Look for patents that are relevant to your invention or idea. These patents may contain information that can help you improve your product or service or show if your invention is patentable.
Patent claims
Patent claims describe the scope of a patent owner’s exclusive rights. Understanding patent claims can help you determine whether your product or service infringes on an existing patent.
Patent citations
Patent citations are references to other patents that are relevant to a particular invention. Understanding patent citations can help you identify related patents and analyse the existing state of the art.
The benefits of patent search
Conducting a patent search has several benefits, including:
Avoiding infringement risks
By conducting a patent search, you can identify potential infringement risks and take proactive steps to avoid them. This can help you avoid costly legal battles and protect your brand reputation.
Identifying new opportunities
By analysing existing patents, you can identify gaps in the market and come up with new and innovative ideas. This can help you stay ahead of your competitors and drive business growth.
Improving your products or services
By analysing existing patents, you can identify areas where you can improve your products or services. This can help you stay ahead of your competitors and provide better value to your customers.
Patent infringement lawsuits
If you are accused of patent infringement, you may face a costly and time-consuming legal battle. Patent infringement lawsuits can result in damages, injunctions, and even the invalidation of your patents. It’s important to take proactive steps to avoid patent infringement and protect your intellectual property.
Conclusion and final thoughts
In conclusion, a patent search is a crucial step in protecting your intellectual property and avoiding costly legal battles. By conducting a thorough patent search, you can identify potential infringement risks, stay ahead of your competitors, and provide better value to your customers. If you’re not familiar with patent law, consider working with a patent attorney or patent search firm to ensure that your patent search is comprehensive and effective. Remember, innovation is important, but protecting your intellectual property is essential for long-term success.
PatWorld are experts in providing Patentability, Freedom To Operate (FTO), Patent Busting, State of the Art, and Patent Mapping searches. As a patent search firm we work with Patent Attorneys worldwide, and do not offer legal opinion. We would advise individuals to speak to a patent attorney either before or after instructing a patent search from a company such as ours. Need help in deciding which search you need? Email: [email protected] for information.
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PatWorld is a professional patent database for R&D that provides users with access to millions of patents from around the world. With this subscription, Vascular Perfusion Solutions will have access to the latest information in their field and be able to stay ahead of the competition. We are excited for them as they embark on this new journey with PatWorld!
Vascular Perfusion Solutions, Inc. is a medical technology company based in San Antonio, Texas. They are developing the VP.S ENCORE® designed to have a significant impact on patients awaiting lifesaving or life-altering transplant surgeries by extending the viability of organs outside the body, and by extending the time for transport compared to traditional ice cooler technology. The goal in developing the VP.S ENCORE® includes the ability to expand the donor organ pool, optimizing matching of the donor organs, and to minimize rejection. VPS believes that machine perfusion devices for preserving organs should be simple, portable, and accessible to all patients needing a lifesaving organ. Evidence-based science is the root of what they do, and they use science and engineering to provide simple, elegant, and effective solutions to preserving the life of organs beyond the standard of care.
On April 19th, Vascular Perfusion Solutions competed in the 3rd annual BioFest Invest Event hosted by BiomedSA. BioFest Invest is a pitch competition for Texas bioscience companies to present their life changing products to potential investors, network among the MedTech industry, and learn from industry professionals. VPS pitched among 13 other bioscience companies from the greater Texas area. VPS was represented by Research Engineer, Isabella Cano, who has been part of the team since June 2021. The pitch presented the impact of the lifesaving technology of the VP.S ENCORE® and its competitive advantages. Vascular Perfusion Solutions received the best pitch award among all the competitors and was awarded a prize package of $10,000, SBIR consulting, a marketing strategy consult, a press release, and a membership to PatWorld.
Isabella and the team at VPS were delighted to receive the prize from PatWorld. To ensure they could get the most out of the platform, we delivered a personalised demo that was tailored to their specific needs. This gave them an in-depth look at how PatWorld can help them with R&D activities and how it can be used to improve their processes.
If you’re interested in learning more about PatWorld, you can sign up for a demo at https://calendly.com/patworld/demo. By taking advantage of this offer, you will be able to explore all the features and functions of the platform and see first-hand how it can benefit your business.
Batteries are a key component in our daily lives; from cars to remote controls, it is hard to stray far from technology utilising a battery for its power source.
For many years the standard in this field has been the lithium-ion battery, however there are now a variety of alternatives aiming to overthrow lithium’s dominance, with sodium-ion batteries seen as a leading contender in the battery revolution.
Daniel Di Francesco, is an Intellectual Property Manager at PatWorld. He is an expert in undertaking patent searches including for Freedom to Operate, Patentability and Invalidity, covering all types of subject matter with specialism in the chemical field.
Dean Parry Technical Director at PatWorld shares his thoughts on a recent panel discussion he attended. Entitled ‘Artificial Intelligence – What Does It Mean for Your Business’ was hosted by Loven IP.
“Although I wasn’t able to contribute due to problems with my headset, I was lucky enough to listen in to a fascinating and informative discussion about AI used in the design and retail industries and beyond. I have summarised the important aspects I took away after listening in.”
Panel Discussion: Artificial Intelligence – What Does It Mean for Your Business?
I was fascinated by the current role of AI in the fields of retail and design. AI is being increasingly used in both retail and design work, with many businesses adopting AI technologies to streamline processes, improve customer experience, and increase efficiency. Here are some examples discussed on how AI is being used in these fields:
In retail, AI is being used for:
1. AI-powered recommendation engines can analyse customers’ data and behaviour to recommend personalised products or services.
2. For inventory management, AI can help retailers manage inventory levels more efficiently, predicting demand and optimising stock levels.
3. Customer service Chatbots and virtual assistants powered by AI can provide customer support 24/7, helping customers with queries and issues in real-time.
In design work, AI is being used for:
1. AI algorithms can generate and optimize design options based on a set of parameters and constraints.
2. For pattern recognition, AI can analyse large amounts of data to identify patterns and trends, which can be used to inform design decisions.
3. AI-powered tools can recognize, classify features/images and generate models of objects, which can be used for prototyping and visualization. At present AI still acts more as a support for designers rather than a replacement.
During the discussions, two major concerns were brought up regarding the use of AI: the difficulty in assessing the reliability and precision of AI-generated results, as well as the challenge of determining the optimal AI tool to use for specific tasks.
Overall, the use of AI in retail and design work is expected to increase as businesses continue to look for ways to improve customer experience and efficiency.
Eco-Friendly Sustainable Fashion: What are Manufacturers doing to Reduce Your Carbon Footprint and Help you Make Responsible Clothing Choices?
Sustainable fashion is becoming an increasingly important topic in our society. With the growing awareness of climate change and its effects on our environment, consumers are now looking for ways to reduce their carbon footprint by consuming responsibly. Eco-friendly clothing and sustainable materials offer a great way to do just that. By making conscious decisions to purchase items made from sustainable materials, we can ensure that our consumption habits are responsible and reduce carbon emissions from the fashion industry.
The Different Types of Eco-Friendly Fabrics & Materials Used in Sustainable Fashion
Eco-friendly fabrics and materials are becoming increasingly popular in the fashion industry as people strive to create sustainable clothing. Organic fabrics, recycled materials, and sustainable textiles are all being used to create eco-friendly clothing that is both stylish and ethical. In this article, we will look at some of the patents around the manufacturing of eco-friendly fabrics and materials used in sustainable fashion.
How Are Manufacturers Innovating for fashion?
As the fashion industry is growing rapidly, manufacturers are increasingly looking for ways to innovate and be more sustainable. Manufacturers are now focusing on using innovative materials such as recycled or biodegradable materials that can reduce their carbon footprint and make their products eco-friendlier (patent US2021310185A1 is a BIODEGRADABLE SYNTHETIC LEATHER PRODUCED FROM RECYCLED MATERIAL).
Patent US2021310185A1
Manufacturers are also looking into ways to reduce the amount of energy they use in production and finding new ways to reuse or recycle old materials (patent US2023069369A1: TEXTILE RECYCLING).
Patent US2023069369A1
By innovating in these areas, manufacturers can create a better future for fashion that is both stylish and sustainable.
Who is innovating in this space?
The fashion industry is one of the biggest polluters in the world, with the industry being responsible for 10% of all carbon emissions. However, as the example patents demonstrate there are many innovators working to reduce its environmental impact. These innovators are creating ways to reduce waste, develop carbon neutral fashions, and recycle materials. They are also using technology such as AI and machine learning to create more sustainable fashion solutions.
Patent KR20220164145A uses AI to identify clothing and accessories that have a good affect on mankind similar to the main image above.
By leveraging these technologies, these innovators are helping to create a more sustainable future for the fashion industry.
How You Can Support Earth Day?
From a fashion perspective we can all make a mark whether you’re a designer, manufacturer, retailer, or consumer. Check out the bullet points and decide where you can make a commitment.
Check out the eco-credentials of that new item you covet.
Could you buy second hand, or repurpose an existing item? Each time you do this it stops something potentially going to landfill.
And lastly, Innovate, Innovate, Innovate!
If you need help with your innovation process PatWorld is a patent search database that allows you to search over 145 million patent documents worldwide. Understanding what’s currently patented can help steer your innovation. Email [email protected] for further information or check out https://patworld.com/gb/why-patworld/com.
We also carry out expert patent and design search services for clients worldwide. If you need a Patentability, Freedom to Operate, Invalidity, Landscape or Competitor Monitoring search email [email protected] for a Free Quote.
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