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Freedom-to-Operate (FTO) Studies

FTO studies are an integral element in devising an IP strategy. At CDS-LUTHI Intellectual Property Group we employ several complementary approaches to analyze and assess the landscape of registered rights surrounding your product or service, aiming to identify infringement risks of third-party rights.

What is an FTO study?

An FTO study is an analysis of the legal landscape surrounding a product, process, or service that a company wishes to launch. The purpose of an FTO study is to identify whether any third-party patents, designs, or trademarks may be infringed by the product or service you intend to commercialize. This process can be performed at different stages of product development, particularly before your product design is finalized or the product is launched, but is also an essential element of an IP due diligence prior to an investment or M&A. It is important to note that IP rights are territorial rights and, accordingly, FTO studies are also territorial in nature. For example, an FTO study performed for you in the US, may be of no relevance for Europe or Japan. Thus, an FTO study may have to be performed separately for each territory of interest.

Why would I need an FTO study?

The importance of an FTO study cannot be overstated. A well-focused and business oriented FTO study will assist you in making better-informed decisions for your business, particularly prior to launching a new product or service, or entering a new market. By identifying potential infringement risks early in the process, you will be better prepared to hedge against these, and thus more likely to avoid costly pitfalls – including injunctions, litigation, and payment of licensing fees. To ensure that our clients receive the most accurate and up-to-date analysis, we use advanced research tools and methodologies, optimized over decades of practice.

Don’t let potential infringement risks hold your business back. Contact us today at CDS-LUTHI to learn more about how an FTO study can help your business enter the market with higher confidence.

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