Increased demand for Freedom to operate basis (FTO basis)

FTO basis are tasks the Norwegian Industrial Property Office (NIPO) carries out for international clients through the Nordic Patent Institute (NPI), corresponding to preliminary examinations we carry out for Norwegian clients. In recent years, we have had an increased demand for these services.

Our NPI customers are mainly international IP consultants, law firms and international companies.

Most in demand within medical technology

Last year we carried out around 40 FTO bases for international customers, in addition to a few for Norwegian customers. Each foundation varied in scope from 25 to 160 hours. The largest customer groups have remained the same for the past two years: Most FTOs (2 out of 3) are carried out in the field of medical technology. The rest is carried out within the fields of chemistry (approx. 17%), and within ICT/electricity and mechanics with 7% in each area.

It is important to note that NIPO only prepares the FTO basis, and does not do the analysis. This means that we find the documents that provide the basis for the analysis. The analysis itself is carried out by attorneys and patent advisers.

The reports are a useful basis for decision-making and are valued by the international customers

We have received good feedback on the service we provide:

  • Many customers state that it is an advantage that technologists who are used to reading patent claims perform FTO searches.
  • A large proportion of customers return, and many come on the recommendation of colleagues who are satisfied with the quality we deliver.
  • Good communication with the customer throughout the process (from the offer phase to follow-up of the completed report)
  • The legal status reports are cost-effective for customers.

A press release from autumn 2023 mentioned work we have carried out for one of our regular customers: In early 2023, we carried out several searches for some medicines. Based on this information, this customer purchased the rights to one of the drugs we had investigated from another international pharmaceutical company for tens of millions of dollars.

Quality through good tools and good routines

Over a 10-year period, we have built up good routines and expertise to carry out such FTO bases. NIPO has access to good and relevant search and analysis tools. Our skilled technologists collaborate to a large extent, and many assignments and communication with customers provide a win-win situation: Better understanding of IPR among the customers and increased professional competence of the technologists.

This makes us well equipped to work together in the IP industry to be able to offer FTOs to Norwegian customers as well.

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