Freedom to Operate Opinions

DEREK FAHEY, ESQ.

A freedom-to-operate opinion may be necessary to determine whether a planned activity will infringe existing intellectual-property rights. For example, the analysis may compare the claims of an issued patent with a product a company plans to manufacture, use, or sell.

A useful opinion should carefully evaluate the relevant patent and compare it with the questioned product or activity. The analysis can help a business decide whether to proceed, redesign, seek a license, or take another risk-reduction step.

A well-supported opinion may also help show that any later infringement was not intentional, potentially reducing exposure to enhanced damages.