Freedom to Operate or FTO

Freedom of Use or Freedom to Operate (FTO) reports are an effective and preventive method for anticipating possible third-party infringement of patents or industrial designs. These studies are aimed at determining whether what is known as the “Freedom to Act’’ applies, which means ensuring that the production, marketing and use of a new product, process or service does not infringe upon third-party intellectual property rights.

The increasingly intensive use of intellectual property as a competitive tool has also generated in recent years an increase in the number of conflicts over the infringement of patents, trademarks and industrial designs.

Upon planning the design, manufacture and launch of new products, one of the most significant risks, particularly within those technology sectors where there is a high concentration of exclusive rights to intellectual property, commercialisation can be stalled by a competitor being in possession of a patent for the technology which has been integrated into the product in question.

Aside from the financial loss incurred as a result of the product’s suspension, and the effort invested in its development and marketing up to this point, there is also the risk of having to face possible legal proceedings, including, as the case may be, significant indemnity costs which may arise.

In those cases where legal actions are instructed, the proceedings can end up being both extremely costly and risky, often with an uncertain outcome, which is why companies launching new products onto the market should take all precautions at their disposal.

Thus, the analysis and subsequent Freedom of Use report enables a client to confirm or rule out the existence of legal obstacles to the manufacture or marketing of a product or process in a specified territory, and therefore avoid investing unnecessary effort in sectors with strong entry barriers.

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What are looking for?

Patents

Innovation in the industrial and technical field is susceptible to protection by means of the registration modalities available to us: patents, utility models or industrial designs.

Designs

The industrial design refers to the ornamental or aesthetic aspect of a product.

Trademarks

The brand is one of the most important assets behind any industrial or commercial activity.

Legal IP

The different types of industrial property protection constitute a complex legal framework that regulates the rights and obligations of their holders.

New technologies

Digital transformation is profoundly changing the rules of innovation. Phenomena such as Industry 4.0 and Big Data are establishing a new paradigm.

Data protection

Regulatory compliance with data protection and privacy policies is one of the most relevant dimensions of today’s economy.

Domains

They make it possible to associate the content of a website hosted on an IP (Internet Protocol) address with a brand or trade name in an easy and intuitive way.