Design Freedom To Operate Searches & Opinions

Highly qualified and skilled patent attorneys, offering personal and commercially oriented advice regarding design freedom to operate searches and opinions

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What Is A Design Freedom To Operate Search & Opinion?

A Design Freedom to Operate (FTO) search and opinion is the process by which a company assesses whether it is free to launch a product design into a market without infringing on the intellectual property rights, specifically design rights, of a third party.

Considered a crucial step in the product development cycle, ensuring this is properly handled can help avoid any potential litigation and associated financial consequences for infringing a registered design.

Also known as a clearance search, this process provides businesses with an opportunity to modify their designs where conflicts are identified and facilitate the most successful market entry possible.

While a Design FTO search and opinion is not compulsory and will not stop you from being pursued for infringement where a third party believes you are infringing their rights, it is strongly recommended before launching a new product or an existing product with a distinctive and new overall visual appearance.
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The Design FTO Search & Opinion Process

The process of performing a FTO search and forming a FTO opinion for designs is complex and involves an exhaustive examination of designs databases and a search for prior art.

Typically, a designs FTO search means sifting through multiple design classification fields using both titles and targeted keywords as a means of identifying if any design registrations related to your proposed product:

- Have been granted and are still registered and/or pending
- Include any relevant designs that may prevent commercialisation of the proposed product

A different approach will be required and different resources checked based on whether the search is being performed for the Australian market or overseas.

While these searches can be quite involved, they represent a valuable investment that not only can help to protect you against the risk of infringement, but also:

- Costs associated with wasted development of products you cannot commercialise because of existing IP rights
- Reputational damage
- Having to withdraw products or services from the market
- Large legal costs
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Can I Manage A Design FTO Search & Opinion Myself?

While performing a Freedom to Design Search may seem achievable without guidance, executing this well and forming a reliable FTO opinion without experience is incredibly difficult.

With multiple databases and other search resources involved, navigating through these can be difficult and the risk of missing vital information needed to inform your FTO opinion is high.

This could see you launching a product to market that infringes on another's design rights and facing severe financial and legal consequences as a result.

To avoid these complications and any potential loss of reputation, engaging an expert in Design FTO searches and opinions is strongly recommended.

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How A Patent Attorney Can Help

A patent attorney is a highly skilled and qualified legal expert who can offer specialised support in carrying out Design FTO searches and opinions.

Whether you have attempted to manage this process yourself unsuccessfully or have no idea where to begin with determining FTO, a patent attorney can help.

Understanding the importance of clarifying the new and distinct features of your design and reducing your risk of infringement, a patent attorney efficiently and easily manages this process on your behalf.

This ensures you can confidently use or monetise your design without worrying about infringing on another’s design rights and with the assurance that it is protectable, truly unique and best set to succeed.
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IP Guardian - Expert Design FTO Search & Opinion Attorneys

At IP Guardian, our team of patent attorneys have decades of combined experience, allowing you to benefit from unmatched expertise and advice concerning Design FTO searches and opinions.

Committed to providing affordable and accessible legal advice, our Design FTO search and opinion services provide you with reliable guidance from qualified experts. This allows you to proceed with the utmost peace of mind without compromising on the quality or outcomes.

Proud supporters of Australian innovation and passionate about the protection of your IP, we’re the team you can trust to expertly handle your Design Freedom to Operate Opinion and related searches.
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