Credible Law Office
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San Diego, CA
Phone: +888-201-0441
Email: [email protected]

Contact Us

San Diego, CA
Phone: +888-201-0441

What Is A Freedom-To-Operate Opinion And Why Is It Important

A qualified intellectual property attorney can provide a legal opinion called a freedom to operate (FTO) opinion. This opinion determines whether a proposed commercial product or process can be made, used, sold or offered for sale without infringing another party’s intellectual property rights.

Benefits Of Obtaining and FTO Opinion

While there is no law mandating a company to get an FTO opinion prior to launching a new product, service, or process, it can prove helpful as a proactive measure to protect the company against claims of intentional infringement and reduce the risk of treble damages in case of patent litigation. Moreover, having an FTO opinion can assuage potential investors about the marketability of the company’s offering by lowering risks associated with legal disputes.

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What is involved in a Clearance or Non-infringement Search?

Understand Clearance Or Non-Infringement Searches

Once the patent search is complete, a clearance or non-infringement report is prepared. This report will contain an analysis of the identified patents and any other relevant information. It will detail whether a patent infringement risk exists with respect to the product or service being assessed.

Identifying And Analyzing Relevant Patents During A Non-Infringement Search

The next step is the analysis of the identified patents. This involves a review of the patent claims, prior art references, and any other relevant information regarding each patent. The aim is to determine whether there is an infringement risk posed by the product or service being assessed relative to the claims in each patent.

Understanding The Scope Of A Clearance or Non-Infringement Search

The scope of a clearance or non-infringement search will depend on the type of product or service being assessed. Generally, such searches are conducted within a specific jurisdiction and exclude patents that have not been issued in that jurisdiction. Also, it is important to understand the impact any prior art references may have on the analysis.

Contact Credible Law for comprehensive Patent Invalidity and Freedom-To-Operate Analysis advice and representation.


Step 1: Consultation

Our team takes the time to hear and learn the intricacies of your case to provide the best legal advice or representation.

Step 2: Plan Of Action

We will develop a strategy to help you navigate the complex immigration system and protect your rights.

Step 3: Resolution

Our firm is committed to helping you or your loved ones achieve their American Dream by making sure that all necessary forms are filed properly and in a timely manner.

Patent Prosecution

Patent Search and Opinion

Patent Portfolio Management

Patent Litigation

Patent Licensing and Transactions

Patentability Assessment

Patent Invalidity and Freedom-to-Operate Analysis

Patent Opinion and Counseling

Patent Due Diligence

Patent Valuation

International Patent Protection

Patent Enforcement and Defense

Patent Strategy and Counseling

Patent Appeals and Post-Grant Proceedings

Design Patents

Reviews from clients

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Jane Smith
"From the moment I walked into Credible Law's office, I knew I was in good hands. Their team of attorneys is not only highly skilled but also genuinely empathetic. They handled my personal injury case with care and professionalism, ensuring that I received the compensation I needed to cover my medical expenses and lost wages. I am forever grateful for their hard work and dedication to my case."
David Johnson
"My experience with Credible Law was nothing short of exceptional. I sought their help for a complex lawsuit involving multiple parties, and I was genuinely impressed by their comprehensive knowledge and expertise across different practice areas. Not only did their diverse team of attorneys demonstrate a deep understanding of the law, but they also remained up-to-date with the latest legal developments, ensuring that my case was handled with the utmost professionalism."
Joe Mozzoula