Freedom to operate (FTO) is a key consideration for many technology businesses. Put simply, it involves a risk analysis of third party IP rights that could impinge on your right to test, market or sell a product or process in a particular area. Our experts can help you to identify any relevant third party rights and analyse them to provide a risk landscape for your business.

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Establishing your freedom to operate provides a degree of certainty when launching a new product or process. FTO analyses can help to identify any relevant third party IP rights which may present a potential roadblock to you plans.

By their very nature, these FTO searches can be relatively open-ended and potentially expensive. However, they can also be invaluable to businesses by providing information on the risk landscape and potentially avoiding the harm done by a competitor unexpectedly preventing the sale and marketing of your product. In addition, many investors require an FTO search to be performed to reduce risk.

However, FTO investigations are not appropriate in all circumstances. Beck Greener has significant experience in advising on, and carrying out, FTO-related work. We can agree a strategy that manages your business risk as effectively as possible within the constraints imposed by your budget.

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