Freedom to Operate (FTO) analysis is a legal assessment that determines whether you can make, use, sell, or import a product or service without infringing on existing patents held by others. Unlike a patentability search that focuses on whether you can get a patent, an FTO analysis focuses on whether you can commercialize your technology without legal risk.
An FTO analysis is essential before launching a new product, entering a new market, or making significant investments in manufacturing or marketing. It is particularly important in crowded technology spaces where numerous patents exist, and the risk of infringement litigation is high.
Our FTO analyses involve identifying relevant patents in your technology area, analyzing their claims to determine potential infringement risks, and providing strategic recommendations for mitigating those risks. This may include design-around strategies, licensing opportunities, or challenging the validity of problematic patents.
Without an FTO analysis, you risk investing significant resources into a product only to face patent infringement lawsuits, which can result in injunctions, damages, and costly litigation. An FTO analysis provides the information you need to make informed business decisions and avoid these risks.
Yes. If our FTO analysis identifies patents that could block your commercialization, we can help you develop strategies to address them, including designing around the patents, negotiating licenses, challenging patent validity, or assessing the strength of potential infringement claims.
