Patent Quality Matters | Article One Partners Blog

Crowdsourcing Freedom to Operate Patent Search

  

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Article One Partners’ research community has become known as one of the best ways to uncover useful prior art from around the world.  There are a variety of ways that this can drive innovation and patent quality.  As a key example, Freedom to Operate searches allow companies to create and patent new products.  A strong search can ensure that the resulting patent is of the highest quality.

Freedom to Operate

Releasing a new product or technology can be a risky process.  In technology sectors with extensive patenting, commercializing a product can be blocked by what is called an “essential patent.”  This technology might be necessary for the further development of the product, and it is very important to know about these potential problems in advance.  A Freedom to Operate search is when the company investigates relevant areas to see if taking an action will infringe the intellectual property of others.

This can be a difficult search for a company to pursue by itself.  There are many instances where a company could find they have freedom to operate in one region, but not in another.  Patents may only apply in certain countries, and the claims protected in one area may not be in another.  Patents also expire after a certain amount of time, which again can vary by location.  By performing a Freedom to Operate search, a business can discover where they might infringe another patent, and can work out solutions to avoid litigation.

Article One Partners' Role

The Article One platform enables a crowd to respond to requests for research in the patent area.  The broad reach of the Community helps to identify any prior art or intellectual property that could be blocking a client’s product or process.  One of Article One’s Community’s greatest strengths is the ability to quickly compile information from around the world that can lead to better patent-related decisions.  Depending on the findings of the Study, clients could use the results to make licensing agreements that preemptively avoid lawsuits.  The resulting prior art can also be used to learn more about other patents involved in the case.  By learning about these patents, companies can be better able to expand their businesses and drive innovation.

This is a great way to be proactive in the patent space.  Too often, companies innovate first and think about possible intellectual property issues later.  In today’s world, with the rising costs of patent litigation, that can be a very expensive mistake.  The Article One platform offers clients the option of considering their freedom to operate, and can then transfer that knowledge into further protecting their business.  In doing so, Article One helps give clients confidence in their future.

For community members, this translates into direct contribution towards innovation at the highest level.  Whether new ideas are being formed in the pharmaceutical industry or around mobile devices, this is one of the most exciting ways for individuals to add their expertise.  The Studies then become both a competition, as well as a melting pot of ideas, literature, and other contributions.

If you want to learn more about Freedom to Operate Studies and other services AOP provides, please contact us.  If you want to start researching, you can join the community and register here.