Freedom to Operate – do you have the freedom to act?
Before entering a market with a new product or service, it is important to check whether your solution can be covered by someone else's patent protections. The Norwegian Industrial Property Office can help you provide an overview of these rights.
Published: 16. april 2024
Last modified: 16. april 2024
What happens if you infringe someone else's patent rights?
Then you must stop importing, manufacturing and selling your solution. You can also become liable for damages.
If you are an investor, it is important to check intervention risk and freedom of action to reduce risk before investing in a company.
How do you reduce the risk of violating the rights of others?
Before launching in a new market, you should obtain information about which patent rights may obstruct you.
By becoming aware of other people's rights, you minimize the risk of interference lawsuits. Then you can, for example, be ahead of the curve and enter into a license agreement with the patent owner.
What information can we provide?
The Norwegian Patent Office can investigate whether there are patent rights linked to a product or service, and whether these patent rights are in force.
We need information about which technology you intend to use, and in which countries you will use the technology. You will then receive a report with information about other relevant patent rights that may be an obstacle to you. This is called a basis for Freedom to Operate (basis for FTO).
We only prepare the basis for FTO, not the analysis
To have a detailed analysis of the basis for FTO prepared, you must contact an IP adviser.
In such an analysis, the adviser will compare your solution with each of the various patent rights that may hinder you. You will receive an assessment of the intervention risk and concrete advice on how to avoid infringing on the rights of others.
How do you order?
The basis for FTO is a preliminary investigation. You order it via the customer center or Altinn.