Freedom to Operate

An essential step in bringing a product to market for the first time – or indeed for extending its reach around the globe – is ensuring a true understanding of the IP landscape and obtaining freedom to operate. It is critical to have a clear picture of exactly what risks may be lurking around the corner when it comes to product launch and the potential for IP infringement.

We have particular experience advising in technically complex fields, capitalising on our blend of top-flight legal expertise and strong technical backgrounds.

If blocking IP rights are identified we are able to advise on the potential risk and mitigation factors, including the option of “clearing the way” strategies, either by way of litigation or licensing approaches, for example.

We frequently advise clients on freedom to operate in relation to pharma and biotech products, assessing third party patents, and regulatory time lines, to devise clearing the way strategies in advance of product launch.

"The team is excellent - highly skilled, professional, easy to work with and rock solid"
Chambers and Partners

Advisory Examples

  • Reviewing and monitoring competitor patent portfolios and advising on pre-launch strategies for products including nucleic acid vaccines, monoclonal antibody biosimilars, medical devices and consumer goods
  • Advising numerous life sciences clients on the application of defences to infringement, including the research and Bolar exemptions
  • Providing patent infringement and invalidity opinions for clients in relation to specifically identified threats