Freedom to Operate (FTO) & Non-Infringement Opinions

Before committing significant resources to developing, manufacturing, or launching a new product into the market, businesses need to understand whether third-party patent rights may create obstacles to commercialization.

EVLG’s Freedom to Operate (FTO) and Non-Infringement Opinion services help clients identify and evaluate those risks early, while there is still time to address them strategically.

What is a Freedom to Operate analysis?

A Freedom to Operate analysis is a proactive assessment of the patent landscape surrounding a specific product, process, or technology.

How does EVLG help?

EVLG identifies potentially relevant patent rights across the jurisdictions relevant to the client’s manufacturing, sales, distribution, and commercialization plans.
EVLG evaluates relevant claims against the product’s technical features.
Our FTO analyses are tailored to the client’s specific product, process, or technology.
Because patent rights are territorial, our FTO analyses are tailored to the specific countries and markets in
which the client intends to operate.
Where appropriate, the analysis also considers published pending applications, legal status, and continuing patent families that may affect the client’s future risk profile.

What is a Non-Infringement Opinion?

A Non-Infringement Opinion provides a more focused legal assessment when one or more specific patents have already been identified as a concern.

EVLG analyzes the relevant patent claims in relation to the client’s product, process, or technology and technical features.
EVLG provides a reasoned legal opinion regarding whether the identified claims are infringed.

How does EVLG help?

Why are these necessary for your business and product?

Used together, FTO analysis and Non-Infringement Opinions allow clients to move from broad patent-risk identification to focused legal assessment where it matters most.
These services give clients a practical framework for making informed business decisions before and during commercialization.
FTO analysis provides a broader view of the patent landscape, while a Non-Infringement Opinion addresses specific patent risks requiring closer legal review.
Where potential risks are identified, EVLG can assist in evaluating appropriate next steps.

EVLG’s FTO and Non-Infringement services may include:

Targeted patent searches across U.S. and international patent databases

We tailor each individual search to the client’s product and relevant jurisdictions

Patent family and legal-status analysis

EVLG’s process includes relevant continuations and published pending applications

Detailed claim mapping and analysis against specific product features or process steps
Identification and prioritization of patent rights warranting closer attention
Focused written Non-Infringement Opinions for patents presenting particular concern
Evaluation of practical options, including:

Design-around strategies
Licensing considerations
Validity analysis where appropriate
Other risk-mitigation measures

Ongoing patent monitoring for technologies and markets in which the relevant patent landscape continues to evolve

Whether advising a startup preparing for commercialization or investment, a company entering new international markets, or an established business introducing a new product line, EVLG provides technically-informed, claim-focused patent analysis designed to support sound business and legal decision-making.