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Freedom to Operate

Freedom to Operate (FTO) investigations are an important consideration when commercial exploitation of a target technology is contemplated. They seek to identify the risks of Intellectual Property (IP) infringement that might arise when proceeding with, for example, research, development and production of a target technology such as a proposed product or process.

A comprehensive FTO review involves dissecting the target technology into its various components and scrutinizing each for the existence of any likely IP rights. Early and thorough preparation can prove essential to ensure a solid foundation for the investigation. Our FTO services are geared to providing credible and reliable results. At an early stage we look to assemble the most appropriate FTO team, having regard to the task at hand and the technology involved. In addition, the value of our initial findings is enhanced by our proactive approach to client relationships and the realization that the IP landscape constantly shifts and evolves such that the dynamics and results of an FTO analysis may need to be re-visited and updated where appropriate.

Through our FTO services, clients can obtain support for the clearance of, for example, products and processes and the assessment of infringement risks, the identification of potential licensing situations and support and direction to product development programmes. Of course, all these services can be provided as part of a broader due diligence package.