Freedom to Operate
We conduct freedom to operate analyses to help clients assess patent infringement risk before launching products or entering markets.
Our Freedom to Operate Services
Before launching new products or entering new markets, prudent companies assess whether their activities might infringe third-party patents. Our freedom to operate practice helps clients identify and manage patent risk.
Comprehensive FTO Studies
We conduct thorough patent landscape analyses identifying potentially relevant patents. We analyze claim scope, assess infringement risk, and evaluate validity challenges. Our reports provide actionable guidance for business decisions.
Risk Assessment
Not all patent risks are equal. We help clients evaluate the likelihood and magnitude of risks considering patent strength, claim scope, detection probability, and potential damages. This analysis informs resource allocation.
Risk Mitigation Strategies
When we identify concerning patents, we develop mitigation strategies including design-arounds avoiding infringement, validity challenges through reexamination or IPR, licensing negotiations, and acquisition of blocking patents. The right approach depends on circumstances.
Ongoing Monitoring
Patent landscapes evolve as new patents issue. We implement monitoring programs tracking relevant patent activity and alerting clients to emerging risks requiring attention.
Transaction Support
FTO analysis is critical in M&A and investment contexts. We help acquirers understand target company patent risk and sellers demonstrate freedom to operate.
Related Products
Standard Registration
Complete trademark registration for one mark in one class.
Search + Filing
Full clearance search plus application filing.
Frequently Asked Questions
What is the difference between ™ and ®?
The ™ symbol indicates that you claim trademark rights in a mark, but it does not require federal registration. The ® symbol can only be used after your trademark has been officially registered with the USPTO.
How long does trademark registration take?
The typical timeline for USPTO trademark registration is 8-12 months if there are no complications. If office actions or oppositions arise, the process can take 18 months or longer.
Do I need to conduct a trademark search before filing?
While not legally required, we strongly recommend a comprehensive clearance search before filing. A search helps identify potential conflicts that could result in refusal of your application.
What are the USPTO filing fees?
USPTO filing fees are $250 per class using TEAS Plus or $350 per class using TEAS Standard. Additional fees apply for Statements of Use, extensions, and other filings.
Can I trademark a name I'm not using yet?
Yes, you can file an Intent-to-Use (ITU) application before you begin using the mark in commerce. However, you must eventually provide evidence of actual use before the trademark will register.
How long does a trademark registration last?
A federal trademark registration can last indefinitely, but you must file maintenance documents between years 5-6 and renew every 10 years.
Ready to Protect Your Brand?
Schedule a consultation with one of our trademark attorneys. A member of our team will contact you within one business day.
- Free initial consultation
- Transparent, fixed-fee pricing
- Dedicated attorney throughout
- Real-time status updates