Freedom-to-operate analysis

Analysis is an essential precautionary step to reduce legal exposure before introducing a new product to the market. The process starts with a discussion with the EIC beneficiaries to clarify the product intended for commercialization and to determine the jurisdictions that will be included in the analysis. Once these parameters are set, the scope of the search is established, allowing specialists to examine public patent databases in the selected regions. The aim is to uncover any active third party patent rights that might restrict or delay the product's launch. After this, any potentially relevant rights identified during the search are reviewed in detail and compared with the features and functionality of the planned product. The findings are then compiled into a written report, which highlights possible infringement risks, identifies patent applications that should be monitored over time, and recommends measures for addressing potential obstacles. Such measures may involve modifying the product design, seeking licensing opportunities, or taking steps to challenge the validity of rights that pose a concern.