Patent Analysis (FTO)

Key person: Vitaliy Orihon


The skilled and experienced Patent Attorneys of the IPR GROUP provide services in Patent Analysis. Patent Analysis, also known as a Freedom to Operate (FTO) Assessment, is necessary to estimate risk and competitiveness. It is also an opportunity to assess the potential actions you can take with a registered patent without infringing on valid intellectual property (IP) rights of third parties. A Patent Analysis is also necessary before entering into a new market in countries where the product/service will be commercialized. In addition, a Patent Analysis is also valuable in the early stages of business development. If there is a possibility of a third-party patent infringement, amendments to the application specification can be made to avoid possible conflict. During the analysis of the state of art of your potential invention, features that haven’t been fully explored on the market can be found and also used in drafting of the new application.

Situations where a Patent Analysis / FTO Assessment will be necessary:

  • the initial stage of drafting the application, when an analysis of potential conflict on the business market is needed;
  • to assess the market prospects of the investment before transferring patent rights or purchasing a patent license;
  • analyzing the area of intersection of rights after identifying the nearest analog disclosure of other patents;
  • estimating the number of companies on the market that use the closest analogs of the invention to assess competitiveness.

A Patent Analysis can be conducted in relation to:

  • Comparison of the essence of the potential invention to the state of the art in the field of technology;
  • Comparison of the idea of the object of a potential invention and the patent/patents present on the market of the jurisdiction/jurisdictions of interest;
  • Comparing the registered patent and the nearest specific analog that is already available on the market for a clear understanding of the overlap to be able to identify risks of potential conflict and the possibility to invalidate\to face revocation on the registered patent;
  • The analysis may create added value by discovering new, untapped features, while reducing any chances of being in further conflict and possibly facing infringement.

IPR Group attorneys have a lot of experience in different fields of industries and practices in preparing various types of analysis for reaching different objectives in the countries of the CIS region and would be glad to assist with building a unique strategy for each specific case. You can find more detailed information on Patent Analysis (FTO) via this link.