Businesses operating in a global environment meets an increasing number of patent rights. Patent rights are national rights and patent claims may have different coverage in different jurisdictions. Additionally, potential infringements are handled under national laws. A Freedom to Operate (FTO) search and analysis is performed to lower the risk of ending up in an infringement litigation.
An early FTO may be performed during a development project to identify potential conflicting patent rights, and may be used both to identify patent rights to take into consideration in the further project, if it is possible to obtain a license from a patentee, or if the development project is to be discontinued.