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In Intellectual Property law, a Freedom to Operate (FTO) report refers to the legal opinion of a qualified patent or trade mark attorney regarding whether or not an act infringes on another’s IP rights.
When determining Freedom to Operate, a patent attorney will consider a proposed commercial product or process and whether it is already protected by existing intellectual property rights.
They look at existing granted patents using patent databases to determine whether it is safe for an entity to safely make, use or sell a product, service or process.
Taking the time to arrange an FTO can be highly beneficial. A Freedom to Operate opinion details what you can safely do as a business regarding a product or process in line with existing IP rights that have already been filed.
This can help to protect you in the event of infringement allegations by showing you did your due diligence before engaging in the actions in question.
It can also help you avoid infringement by taking what can sometimes be simple and easy steps to avoid the rights of existing patents, trade marks and designs.
No, there is no legal requirement stating that you must engage a patent or trade mark attorney to conduct an FTO check.
This in-depth check of trade marks, patents, design rights and more can give your business valuable peace of mind regarding your operations. Investing in an FTO can also help you avoid costly litigation at a later date.
Should any potential conflicts be discovered during the process of obtaining an FTO, your patent and trade mark attorney is best positioned to properly identify the risks and help you navigate around them.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.