Freedom to Operate

FTO Checklists are performed:

Conduct search for blocking patents
Other sources of blocking information
Target patents/applications
✓References cited in prosecution
✓ “Background of Invention”
✓Search reports
✓Invention disclosure documents
Opposition proceedings
Re-examinations/re-issues
Target inventor’s publications
Target’s in-licensing and out-licensing situations
Enforcement efforts
Assess possible blocking rights
Issued/pending?
✓Probability of issuance
Countries
Scope of claims
Were maintenance or annuity fees paid?
Validity of claims
Remaining term
Nature of assignee
Determine possible actions to be taken in light of blocking issues
Opinion of counsel
✓Opinion of foreign counsel
License