Freedom to Operate, also known as FTO or right to use, means you have the freedom to test, market, or sell a product or service in a specific area. The purpose of a Freedom to Operate review is to ensure that a product or service that is about to be released does not infringe the intellectual property rights of other parties.
Unlike patent search which seeks to see whether an invention is eligible to be registered as a patent, FTO examines whether a client's product or service is likely to infringe the intellectual property of a third party in a specific territory, and is not limited to patents, but may examine whether a particular element of the product, or a combination of several elements together, may constitute a violation of additional intellectual property rights, such as design, trademark or copyright.
This kind of legal examination requires in-depth legal understanding and extensive experience in order to provide the client with legal advice tailored to their specific situation. For example, for a client who wants to enter the market with a new product, a legal examination of a number of rights may be required, such as copyright, trademarks and designs, as well as commercial torts such as passing-off and reputation damages. This examination is based not only on the existing law, but also on current rulings and on the ability of the legal team to analyze the situation in order to provide the client with a risk assessment regarding his or her legal exposure.
Due to the importance and complexity of FTO, it is important to perform it at the right time – not too early when the product or service has not yet formed, and not too late, for example, after the start of production and marketing. FTO does not provide absolute certainty or protection against lawsuits, but it can significantly reduce exposure to infringement claims, provide an understanding of the market and competitors and help our clients focus on certain territories, saving costs in the short and long term.
Our firm has extensive experience in providing legal opinions regarding FTO. Together with the team of patent attorneys from Luzzatto and Luzzatto, we provide our clients with comprehensive and professional advice regarding freedom to operate, from the most initial stages to advanced and challenging stages in the life of the enterprise or company.
