FREEDOM-TO-OPERATE ASSESSMENTS

FREEDOM-TO-OPERATE ASSESSMENTS

Freedom-to-operate (FTO) assessments help clients understand whether proposed products, processes, or collaborations can proceed without unreasonable risk of patent infringement. For companies without internal IP counsel, an FTO assessment is often the key step in determining whether a project can move forward, at what cost, in which markets, and with what technical adjustments.

At Hylton-Rodic Law, we tailor each assessment to the specific technology, transaction, and jurisdictions involved. Our goal is not only to flag potential issues, but to provide clear, practical options so your teams can move ahead with confidence.

An FTO assessment allows you to evaluate whether a new product, formulation, technology, or manufacturing process is likely to infringe existing patents and to understand how competitor claim scope affects your ability to launch or expand. It helps identify design-around strategies that preserve performance while reducing risk and supports early adjustments to product development plans before significant resources are committed. FTO analysis also informs licensing, collaboration, and acquisition decisions by clarifying which jurisdictions present real risk and which offer safer routes to commercialization. Finally, it sheds light on enforceability and the practical likelihood of litigation based on who owns the patents at issue, their prosecution history, and jurisdictional nuances.

Our assessments typically include analysis of:

• Validity

• Invalidity

• Infringement

• Non-infringement

• Design-around options

• Product development considerations

• Enforceability