Freedom to Operate (FTO) analysis

A Freedom to Operate (FTO) analysis is a vital proactive measure to minimize legal risk before launching a new product. The process begins with an initial consultation with the EIC beneficiaries to define the specific commercial product to be launched, and the relevant jurisdictions to be covered by the analysis. This is followed by a definition of the search scope, for experts to search public patent registers in relevant jurisdictions. The goal is to identify any active in-force third-party rights that could potentially impede launch of the product. In the next phase, the identified rights are analysed and assessed against the commercial product to be launched. The results is a written report, outlining any identified infringement risks, recommended patent applications to be continually monitored and recommended actions to overcome potential issues, such as product design-arounds, initiating licensing negotiations and/or initiatives to opposing the validity of any rights considered as potential threats. The results of the process can be incorporated into the company IP strategy.