Product Clearance

When developing a new invention, it is vital that you perform proper product clearance. Imagine investing time, money, and research into an idea only to discover that a competitor has already developed the same product. At DiBerardino McGovern IP Group LLC, our attorneys have decades of experience investigating the intellectual property of our clients’ competitors to determine what products should be brought to market.

How we help your business

Making sure your product does not infringe on another patent is the primary focus of product clearance. Performing due diligence when it comes to product clearance can save your company time, money, and litigation. We achieve these goals by providing the following services:

  • Freedom to Operate (FTO) — Sometimes called a patent infringement search, an FTO focuses on determining if a proposed product infringes on any existing inventions. An FTO search can reveal patent obstacles that would otherwise prevent you from commercializing your product or idea. Our attorneys can perform an FTO search in order to identify and analyze the patents of other parties that may result in patent-infringement for your business. Generally, you want an FTO analysis when you are bringing a new product or process to market. Additionally, an FTO search can be used when another party accuses you of patent infringement.
  • Assess the risk of patent infringement for your product — An FTO search can help determine the level of infringement risk for your invention. An in-depth search of in-force patents and published pending patent applications can reveal hidden infringement risks that would otherwise result in a lost investment, and/or litigation costs. Our lawyers carefully review FTO search yields and provide a well-thought out FTO opinion regarding patent infringement.
  • Reduce the infringement risks — You can save your business time and money by performing an FTO early on. In fact, to reduce infringement risks, an FTO search should be conducted as soon as possible. In fact, the earlier in a potential products development cycle that an FTO search can be performed, the better. In the event that an infringement issue is detected, you may still be able to modify or alter your product’s design to eliminate any infringement risks.

When you retain our services, we use our decades of experience and vast knowledge of U.S. patent law to reduce infringement risk and increase your chances of releasing a profitable invention to market.