This document discusses Freedom to Operate (FTO) analysis, which assesses the intellectual property rights and tangible property rights of others that may be relevant to a new product or process in development. It describes the FTO principles, preparations, procedures, perspectives, options for obtaining FTO status, and strategies. The key aspects are performing an FTO analysis by dissecting the new technology, searching patent and scientific databases iteratively, drafting an FTO opinion on infringement risk, determining an FTO status, and formulating an FTO strategy based on that status. The FTO analysis is most effective when conducted early in product development before significant resources are invested.
Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
Freedom To Operate Search- Opinion and AnalysisSagacious IP
Only patented documents are relevant for FTO search. That is its major difference from a patentability search. You don’t have to consider all prior-arts or un-patented data for your search.
Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
Freedom To Operate Search- Opinion and AnalysisSagacious IP
Only patented documents are relevant for FTO search. That is its major difference from a patentability search. You don’t have to consider all prior-arts or un-patented data for your search.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
A panel of experts discussed the concept of “freedom to operate” in the context of evaluating and mitigating third party patent infringement risk at a recent OCTANe OC event. The discussion focused on startup companies, and the topics included: How to analyze the third party patent landscape; How to set an appropriate budget based on the company’s objectives and milestones; Understanding the impact of litigation on the company; What to do if the company is sued.
NJTC: Protecting Patents & Data in the Commercial & Government Market Place McCarterenglish
McCarter & English hosts a seminar series for the New Jersey Tech Council on the legal and business ground rules every technology company needs to know to grow and protect its business: Government and International Contracting, Protecting Intellectual Property, Export Control and Immigration.
Emerging trends in IP searching: Machine/AI based searching - Anoop Cheeran &...Balakrishna Uppala
Abstract: Intellectual Property (IP) analytics is an area that is growing at a fast pace in view of the importance of IP in an increasingly technology dependent world. There are large number of patent applications filed every year, in several different languages; these has made the task of prior art search very challenging. The traditional search strategies using boolean & proximity operators along with select keywords seem increasingly inadequate and unreliable in identifying the relevant prior art. The gap has triggered the development of search engines with features and tools that increasingly rely on machine/artificial intelligence; some of them utilize text-mining and language processing algorithms to quickly zoom into more relevant prior art. Many of these tools uses semantics/natural text, similarity or patent/patent publication – citation based search and categorization approaches. We will share few of our observations on the emerging scenario, covering AI/machine based search options from established players like Orbit and also relatively novice but specialized players like Automatch, Ambercite etc.
ITC Markman Ruling in Patent Case Against Samsung, QualcommNVIDIA
A U.S. International Trade Commission judge has returned a pretrial claim construction ruling that favors NVIDIA on nearly all of the claims that were disputed in our patent case against Samsung and Qualcomm.
Strong patent protection is essential for a start-up biotechnology company and can be a valuable company asset. However, it is also expensive, with costs ranging from tens to hundreds of thousands of dollars over time. This session will focus on how to get the most out of your patent dollars.
This session presentation is available in audio format here: http://www.marsdd.com/bioent/dec4
Learn about the significance of FTO Searches, the step-by-step methodology, and the real-world impact on innovation. Discover the essence of FTO Searches, understand their role in navigating the intellectual property landscape, and discover the strategic approach to ensuring legal compliance. With insights into partnering with experts like InventionIP, this presentation equips you to embrace creative freedom while upholding legal diligence. Join us in unlocking the power of FTO Searches for a successful innovation journey.
Visit our website at https://inventionip.com/ to learn more about our services or to schedule a consultation with our team.
intellectual property rights : An overview Lokesh Rajput
IPR define as the new invention, ideas, new logo design etc for preventing this intellectual rights this IPR would be secure and provide security for so period of time
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
3. FTO Principles
Freedom to operate (FTO) is the ability to
proceed with research, development and
commercialization of a product, while fully
accounting for any potential risks of infringing
activity, i.e., whether a product can be made, used,
sold, offered for sale, or exported, with a minimal
risk of infringing the unlicensed intellectual
property rights (IPR) or tangible property rights
(TPR) of others.
4. FTO Principles
The term “freedom” in FTO does not imply
an absolute freedom or guarantee, but
instead indicates a carefully executed
analysis leading to a reasoned opinion that
one can legally proceed with research,
development or sale, in a given jurisdiction
at a given point in time.
5. FTO Principles
FTO analysis (the assessment of potential
IPR and TPR appurtenant to a crop science
product) is about risk management:
providing the maximum amount of sound
information and proficient analysis, such
that informed decisions are made, and a
reasonable course of action taken.
6. FTO Principles
FTO Opinion Based on the results of the
FTO analysis, patent counsel will draft an
FTO opinion that indicates the likelihood
that the biotechnological product or process
infringes the IPR or TPR of others. Such
infringement likelihood might be either low
or high, depending on the results of the FTO
analysis.
20. FTO Procedure
Product Deconstruction: what are
the steps needed to dissect and
identify the essential components
and processes used to generate a
product. Analyzing,
understanding and dissecting the
technology.
22. FTO Procedure
Three tiers of FTO analysis:
Tier 1 review
Tier 2 review
Tier 3 review
The FTO Analytical Funnel
23. FTO Procedure
Three tiers of FTO analysis:
Iterative …… iterative …… and then
Iterative again!
The FTO Analytical Funnel
24. FTO Procedure
Tier 1 review: widest part of the FTO
Analytical Funnel.
Sweeping search for any potentially
relevant IPR, TPR.
Goal is to corral any information that
appears to be potentially relevant.
Big net, pulling in all the fish: cod, hake and
various “trash fish”.
25. FTO Procedure
Tier 2 Review
For IPR, the FTO team should cross-
reference patents with the scientific
literature. This type of survey will further
map the relevant IPR landscape.
Examine the specifications of relevant
patents, in order to interpret and construe
more precisely what each patent claims.
26. FTO Procedure
Tier 3 Review
The narrowest part of the FTO funnel
Patent counsel will carefully scrutinize
the remaining relevant patents:
examining and reviewing the claims and
cataloging pertinent patent families.
Issues such as direct, contributory or
DOI infringement liability.
28. FTO Procedure
What is the single most powerful
tool in the FTO analysis leading
to product clearance?
29. FTO Perspective
FTO Search:
Purpose, identify patents (IP rights) or
applications that may cover a proposed
product of process …. “Blocking patents”
Coverage, patents (and other IP rights) still in
force. Includes narrow and broad concepts.
30. FTO Perspective
Prior Art Search:
Purpose, identify art which may affect the
patentability of an invention
Coverage, patents and non-patent literature,
many sources of information depending on
jurisdiction.
31.
32.
33.
34.
35.
36.
37. FTO Perspective
Patent invalidity, Opposition search:
Purpose, identify art that may impact the
claims of a specific patent. Target weak
claims.
Coverage, patents and non-patent literature.
38. FTO Perspective
Patent landscape search:
Purpose, show patent landscape to uncover
trends, gaps, overlaps and links in the broad
patent landscape for a given technology.
For directing research.
Coverage, patents only
41. FTO Strategy
FTO Analysis
An FTO analysis is a focused and intense
investigation, performed by meticulously
dissecting a biotechnological product or process
into its fundamental components and then
scrutinizing each for any attached, unlicensed
intellectual property (such as patents, plant variety
protection, or trade secrets) and tangible property
of third parties.
42. FTO Strategy
FTO Opinion
Based on the results of the FTO analysis, patent
counsel will draft an FTO opinion that indicates
the likelihood that the biotechnological product or
process infringes the IP rights or tangible property
rights of others. Such infringement likelihood
might be either low or high, depending on the
results of the FTO analysis.
43. FTO Strategy
FTO Status
The FTO opinion will inform, with respect to the
overall status of FTO for a given product—
depending on the time and place—the level of
potential risk associated with contemplated R&D
and/or commercialization activities. Such risks
vary; hence, FTO status is relative.
44. FTO Strategy
FTO Strategy
The FTO status establishes a baseline for
formulating a strategy for product development.
This involves business and legal considerations,
balancing potential risks with anticipated benefits.
The FTO strategy involves considering all options
and then deciding on the approach that best fits the
mission of the organization and its tolerance for
risk.