Freedom to Operate

Freedom to Operate (FTO) are used to determine the patent landscape of the technology area you plan to adapt for your product or process. The idea is that you want to know if your product or process is possibly infringing an issued patent. We take time to understand your product or process roadmap, and identify patents that your products or process may infringe. FTO opinions can help with mitigating patent litigation risk.

An FTO analysis based on the search of patent literature is just the first step. If the patent search reveals that one or more patents do limit a company's freedom to operate, the company must decide how to proceed. Assuming that the blocking patent is valid, options include: purchasing the patent or licensing it, cross-licensing, inventing around, and patent pools.

Source: https://www.wipo.int/wipo_magazine/en/2005/05/article_0006.html

Strategic Due Diligence

FTO is often a critical component of investment rounds, acquisitions, or product launches. With experience in IP audits and strategic planning, we tailor our FTO analysis to the context:

• For Investors: We assess the "cleanliness" of a target's IP landscape to avoid buying into a lawsuit.
• For Product Teams: We provide "clearance" for specific features or architectures early in the design cycle when changes are cheap.
• For Exits: We help prepare your portfolio for scrutiny by potential acquirers, preemptively addressing known risks.

What An FTO Covers

An FTO engagement is about identifying issued patent risk tied to a specific product, feature set, or process. The most helpful work starts with a clear scope, so we begin by mapping the technical details to the way claims are actually interpreted and asserted.

Typical coverage includes:

• Claim-focused review of patents that appear relevant to your implementation
• Risk triage so you can focus on the patents that matter, not a long list of search results
• Design-around opportunities and technical changes that can reduce risk
• Decision support for licensing, acquisition, cross-licensing, or waiting for expiration

What You Receive

Depending on your needs and timeline, deliverables can include:

• A prioritized patent list with notes on why each item matters
• Claim charts or claim mapping to your product or process where appropriate
• Practical recommendations for next steps, including engineering-friendly options

How The Process Works

1. We define scope, jurisdictions, and timing around your roadmap
2. We review search results and identify the patents most likely to be asserted
3. We analyze claims against your planned implementation and usage model
4. We recommend paths forward, including design-around, licensing, or strategy changes

Important Limitations

An FTO is a risk-management tool, not a guarantee. Patent landscapes change and claim interpretation can evolve. We can also help set up ongoing monitoring so you can revisit risk as your product and competitors change.