SearchLegal & IP

Freedom-to-Operate Patent Analysis

Freedom-to-operate patent analysis that charts every claim element by element — while the product can still change

Blocking claims found early, while a buffer change costs a study, not a launch.

See one case, screen by screen ↓
demo1,860documentsfound in 412 families for one antibody, searched and read in one run, 06:00 to 07:44
demo23claimsleft for counsel to read — 2 likely to read, 6 unclear, 15 do not read, each with the element that decides it
target4daysper FTO update, was 4 weeks by hand
demo9weeksbefore the Phase 3 formulation lock, the riskiest claim is charted and a design-around tested
In short

What is Freedom-to-Operate Patent Analysis?

It answers whether someone else's live patent claim covers your product in the markets where you will launch it. Every patent and application near the product is found, each independent claim is split into its elements, and each element is checked against the product — a claim reads only if every element does. Freedom-to-Operate Patent Analysis does that reading at scale and puts the result in the form counsel already uses, the claim chart.

How to choose AI solutions for life sciences →

Updated

The problem

Why an FTO update is out of date before it is finished

A biologic does not sit under one patent. The molecule, its epitope, the formulation, the dosing regimen, the device and the manufacturing process each sit under different families, granted in different countries and expiring in different years. A freedom-to-operate analysis means finding every live patent and application near the product, reading each independent claim, splitting it into its elements and checking each one against the product. A claim reads only if every element does. By hand, an IP analyst spends weeks reading claims that were never close, and the answer changes every time a family grants or CMC changes the product.

The risk is the claim nobody charted. In the working solution's case, the last manual update read the US member of a formulation family and moved on: its claim 1 had been narrowed to IgG4 in prosecution and did not read. The European claim, granted in February 2024, was never narrowed — and it likely reads on the product's histidine formulation. Found before the formulation locks, a buffer change costs a development batch already on stability and one comparability study. Found after, it means new stability, comparability and possibly a bridging study — and a blocking claim found late can stall a launch.

typical$650k–$1mmedian cost to litigate a patent suit with $1–10m at stake
typical3×damages a US court may award for wilful infringement
typical247applicationsfiled in the US on one top-selling antibody
Where an FTO update's working days goestimated
By hand20 days
With the solution4 days
  • Building and running the searches3 → 0.3 d
  • Checking legal status in every launch market3 → 0.3 d
  • Reading claims and splitting them into elements6 → 0.5 d
  • Matching each element to the product's documents5 → 1 d
  • Ranking, drafting the analysis and counsel's review3 → 2 d

Estimated split for one FTO update on a biologic in development, by hand and with the solution.

How it works

How a claim is read

Five specialist agents search, read, match, check and rank every claim; patent counsel concludes and signs.

What comes in
Sources in3 sources · patents, registers, product documents
Agents at work
Search builderplain words → search sets
Legal status checkeralive in launch markets
Then
Claim readerclaims → elements
Element matcherreads · not · unclear
Then
Landscape summariserranks + drafts the pack
A person decides
Patent counselconcludes and signs
What comes out
Claim charts, cited
Country × expiry map
Design-around scenarios
One case, step by step

One FTO update, from search to signed conclusions

Halden Biotherapeutics is taking HLD-217 — a humanised IgG1 against TL1A, 150 mg/mL subcutaneous, for ulcerative colitis — into Phase 3. The formulation locks on 15 December 2026. On Tuesday 13 October, FTO update 3 runs. Here is what happens next, screen by screen, in the working solution.

  1. 0106:00

    A scope in plain words becomes six search sets

    Search builder

    Jonah's scope reads: anything that could block HLD-217 in its launch markets — TL1A antibodies, high-concentration antibody formulations with histidine or acetate buffers, dosing in ulcerative colitis, prefilled syringes and autoinjectors, CHO fed-batch processes. The search builder turns it into six search sets with keywords and classification codes, from C07K 16/24 for the antibody to A61M 5/20 for the device, plus the owners to watch. 1,860 documents come back in 412 families, duplicates removed.

    “Say what to look for in plain words. The search builder turns it into search sets; the other agents read what comes back.”

  2. 0207:44

    From 1,860 documents to 23 claims for counsel

    Landscape summariser

    The legal status checker keeps the 168 families granted or pending in at least one of eight launch markets. The claim reader splits 1,214 independent claims into 5,930 elements, ranges and units as written. The element matcher finds 61 claims that touch a feature of HLD-217; 38 fail on a decisive element and are recorded with it. The summariser ranks the other 23: 2 likely to read, 6 unclear, 15 do not read.

  3. 0308:52

    The riskiest claim, already charted

    Elena Marsh · Head of Patents

    Elena opens the claim chart. At the top is EP 3 912 448 B1, claim 1 — Strathmore Biologics' stable high-concentration formulations of anti-TL1A antibodies, granted 14 Feb 2024, expiring 22 Sep 2038, 9.1 years after the US and EU launch. It is under opposition by Kerrow Pharma, with oral proceedings on 18 Nov 2026. Risk 40, first of 23.

    “Show me the claim, the feature and where you read it — then I'll decide.”

  4. 04Element by element

    Five elements read, one is unclear

    Claim reader and element matcher

    Each element sits beside the HLD-217 feature it is matched to and the document behind it: a TL1A antibody, 150 mg/mL inside 120–200, sucrose 8% inside 4–10%, polysorbate 80 at 0.02%, and L-histidine 20 mM at pH 5.8 — all read, the formulation features from specification FS-217-04 §2.1. Element e asks for a viscosity below 20 cP at 25 °C. The development report has 18.6 cP at 20 °C only, so the matcher calls it unclear and likely to read. Re-checking the claim shows each agent's step.

    “18.6 cP at 20 °C; viscosity falls as temperature rises, but 25 °C was never measured.”

  5. 05By country

    Where the claim is in force, and for how long after launch

    Legal status checker

    The European claim is in force after launch in the UPC states, Spain, the UK and Switzerland, to 2038. Its Japanese member, JP 7 412 355 B2, is second on the list on the same reading. Its US member does not read: US 11,604,283 B2 claim 1 requires an IgG4 antibody, and HLD-217 is an IgG1. Each market carries its share of the launch forecast — the US 60%, the UPC states 17%, Japan 9%.

  6. 06One click

    She switches the buffer to acetate

    Elena Marsh · Head of Patents

    Dr. Aisha Bello has a development batch, DB-217-A12, in sodium acetate 20 mM at pH 5.3, already six months on stability. Elena sets the buffer to acetate in the design-around probe. Element f flips to does not read, and every chart is read again: two claims stop reading and one starts. EP 3 912 448 drops to 9th of 23, and the new top claim is Calder Immunology's US 11,739,152 B2 — unclear, because the epitope has not been mapped residue by residue.

    “Element f does not read: Acetate buffer, no histidine. A claim reads only if every element does.”

  7. 07Side by side

    No design-around is free

    Landscape summariser

    Acetate brings Kerrow Pharma's pending US 2026/0311842 A1 into view: its claim 1 reads on an acetate formulation, though its claims may narrow before grant. Adding an autoinjector brings in Ensley Devices' US 11,452,880 B2 at risk 65. The cost of each change comes from CMC: for acetate, one comparability study, with the lock still on 15 Dec 2026 if decided by 6 Nov.

    “Scenarios are what-ifs. The product profile changes only when CMC changes it.”

  8. 08Every Monday, 06:00

    The watch says what each change means for HLD-217

    Legal status checker

    Six changes in the week of 5 October. Kerrow's acetate application published on 8 Oct — it does not read on HLD-217 today, only on the design-around. The EPO summoned the parties in the opposition to EP 3 912 448, with a preliminary opinion that claim 1 may lack an inventive step. Pellmont narrowed a European dosing claim to every 2 to 6 weeks, which no longer reads on HLD-217's 8-week maintenance dose.

    “The office's preliminary view, not a decision. Claim 1 stays at the top of the list until the outcome.”

  9. 09Before she concludes

    The data that would decide the unclear elements

    Landscape summariser

    Three gaps decide eight claims: viscosity at 25 °C for the European and Japanese formulation claims, residue-level epitope mapping and a competition assay with antibody C-1D7 for four Calder claims, and the Feed C composition from the supplier for two Brightwater process claims. The request to Dr. Aisha Bello is drafted in counsel notes, marked privileged, and waits for Elena.

    Nothing is sent until counsel approves it.

  10. 10Signed

    Counsel concludes; the agents never do

    Elena Marsh · Head of Patents

    Elena records her conclusions: design around for the European and Japanese formulation claims, further data needed for Calder's US method-of-treatment claim. She signs them for FTO update 3; the five claims without a conclusion stay open for the next update. The signed analysis is locked and in the record — 34 months before the planned Q3 2029 launch.

    “The agents' analysis is attached as the basis; it is not a legal opinion.”

Who it’s for

Built for everyone who answers for a launch.

The same FTO update, seen by the four people who carry it — what their month looked like, and what it looks like now.

EM
Elena MarshHead of Patents, Halden Biotherapeutics · signs conclusions
Head of Patents
Before
Owns FTO for six programmes, signs the conclusions and instructs outside counsel — on updates that took four weeks by hand and were out of date when the next family granted.
Now
Opens the riskiest claim already charted, element by element with its sources, tests a design-around herself, and signs her conclusions.
JP
Jonah PereiraIP analyst · builds searches, keeps the landscape current
IP analyst
Before
“I spend my week reading claims that were never close.” Two updates by hand took four weeks each.
Now
Writes the scope in plain words, checks the search sets and the counts, and gets the Monday watch with what each change means.
AB
Dr. Aisha BelloCMC lead, HLD-217 · owns the formulation and the Phase 3 lock
CMC lead
Before
“If the buffer has to change, tell me before I lock it, not after.”
Now
Owns the product profile the claims are read against, sees which design-around clears which claim, and gets one request for the data that decides the unclear elements.
MF
Marcus FeldBusiness development lead · licensing and partnering for HLD-217
Business development lead
Before
“Is there anything a partner's diligence will find that we haven't?”
Now
Sees signed analyses only: what counsel has concluded and signed, with the claims and countries behind it.
Built on the engine

5 agents. Each with one job, and hard limits.

Five specialist agents search, read, match, check and rank every claim; patent counsel concludes and signs.

Search builder

Turns a plain-words scope and the product profile into a structured patent search — keywords, classification codes, owners and dates — with search sets that together cover the antibody, its formulation, its dosing, its device and its process.

  • Never narrows the scope without saying so
  • Every query is kept for the record with its counts
Claim reader

Reads each independent claim and splits it into its elements in the order written, keeping ranges, units and “selected from” lists exactly, and marks the claim type: antibody, formulation, method of treatment, process or device.

  • Never paraphrases a range or a unit
  • Dependent claims are read only when counsel asks
Element matcher

Matches each element to a product feature and gives a verdict — reads, does not read or unclear — with the source document and section behind it, and says what would decide an unclear element.

  • Never says a claim is “clear” or “free to operate”
  • “Does not read” always names the element and the source
  • Not measured means unclear, never assumed
Legal status checker

Records status, expiry, term adjustment and supplementary protection, oppositions and litigation, country by country, and runs the watch every Monday at 06:00.

  • Reports what offices and courts record
  • Never judges validity
Landscape summariser

Ranks the claims by verdict, launch markets, years in force after launch and status, with the weights in Settings, and drafts the analysis for counsel — scope, search, results, the charts and the design-around options with their cost from CMC.

  • Never writes a conclusion or recommendation in counsel's voice
  • Every page is marked privileged and confidential
Patent counsel

Draws every conclusion and signs. The agents propose; a named person decides.

Ask in plain words

Ask about any claim, feature or country

Ask about any claim, feature or country in the landscape — or ask it to try a design-around. Every answer cites the document it read.

Why is EP 3 912 448 claim 1 at the top?

Five of its six elements read on HLD-217 — TL1A antibody, 150 mg/mL, 8% sucrose, polysorbate 80 and a 20 mM histidine buffer at pH 5.8. The sixth, viscosity below 20 cP at 25 °C, is unclear: CMC measured 18.6 cP at 20 °C only. It is in force in the UPC states, Spain, the UK and Switzerland until 22 Sep 2038. Whether that is a risk to act on is your call.

What happens if we switch to an acetate buffer?

With the buffer set to acetate 20 mM, pH 5.3 — the formulation of development batch DB-217-A12 — the buffer element of EP 3 912 448 claim 1 no longer reads, and its Japanese member drops too. One pending application, Kerrow's US 2026/0311842 A1, starts to read; its claims may still narrow. This is a what-if; the product profile is unchanged.

What is new on the watch this week?

Two things matter. Kerrow published US 2026/0311842 A1 on 8 Oct, which reads only on the acetate design-around; and the EPO set oral proceedings in the opposition to EP 3 912 448 for 18 Nov 2026. Pellmont also narrowed its European dosing claim to every 2–6 weeks, which takes it off HLD-217's 8-week regimen.

Draft the request to CMC for the missing data

Drafted in your counsel notes for Dr. Aisha Bello: viscosity of the 150 mg/mL formulation at 25 °C, and residue-level epitope mapping of HLD-217 against TL1A residues 140–160. Both turn an “unclear” into a verdict. Nothing is sent until you approve it.

Every screen

The working solution, as it ships.

13 screens from the working solution, on its sample data. Pick one to see it large.

The claim chartThe riskiest claim with its owner, status, expiry and launch markets, each element beside the matched product feature and its source, the design-around probe and the live ranking.
Every element, re-checkedAll six elements with their verdicts and sources, and each agent's step when the claim is read again.
Ranked claimsThe funnel from 1,860 documents to 23 claims for counsel, then every claim with its verdict, owner, type, markets, expiry, status and risk.
A design-around, testedThe buffer switched to acetate: element f flips to does not read, two claims stop reading, one starts, and the ranking moves.
Design-arounds side by sideThe Phase 2b formulation, acetate and acetate with an autoinjector — counts, top claims, markets affected and CMC's cost of each change.
Countries and expiryEach claim's expiry against the launch dates, and a grid of claims by launch market: in force after launch, pending, expiring before launch, not filed.
Plain-words searchThe scope in plain words, the six search sets with their classification codes and counts, and what each agent did in the run.
The product profileEvery feature the claims are read against, with its source document and the claims it rules out or leaves unclear.
The weekly watchNew publications, oppositions, amended claims, continuations, annuities and lapses in watched families — with what each means for the product.
Counsel notesThe privileged analysis, counsel's conclusion for each claim, and the record of who did what.
The data that would decideThe open questions that decide the unclear elements, and the drafted request to the CMC lead waiting for counsel's approval.
Sign conclusionsCounsel signs her conclusions on the update; claims without a conclusion stay open for the next one.
Your settingsLaunch markets and their share of the launch forecast, ranking weights, the watch, who signs and privilege marking.
Governance

Built for patent counsel: cited, privileged, signed.

An analysis for counsel, never a legal opinionEvery chart and the analysis itself say so. The agents may not write a conclusion, a recommendation or a “freedom to operate” statement.
Every verdict cites its sourcesEach element's verdict cites the claim text as granted and the product document and section it was read against — FS-217-04 §2.1, DR-217-07 Table 4 — one click away.
Not measured means unclearA verdict is never assumed. An element the product documents cannot decide stays unclear, with the data that would decide it, until CMC provides it.
Only patent counsel concludes and signsDesign around, monitor the opposition, further data needed, seek a licence or no action — each conclusion is counsel's, signed for the update and locked in the record.
Privileged and confidential, by roleEvery page is marked “prepared at the request of counsel”. The Patents team sees everything, CMC leads see the charts for their product, business development sees signed analyses only, and every view and export is logged.
What the agents may not doJudge validity, contact a patent owner, file anything with an office or change the product profile. Design-arounds are what-ifs; the profile changes only when CMC changes it.
Configuration

Your launch plan and your risk weights

What counts as a launch market, how claims are ranked, who is told and who signs are settings, on the record.

SettingDefaultChoose from
Launch markets, share of the launch forecastUS 60% · UPC states 17% · Japan 9% · UK 5% · Spain 3% · Canada 3% · Australia 2% · Switzerland 1%Share and launch date per market
Planned launchUS and Europe Q3 2029 · Canada Q4 2029 · Australia Q1 2030 · Japan Q3 2030Per market
Ranking weight — likely reads / unclear0.85 / 0.45Step up or down
Ranking weight — pending application / granted and opposed0.40 / 0.85Step up or down
Weekly runMondays 06:00 · Elena Marsh, Jonah PereiraOn · Off
Tell me at onceA grant in the Strathmore, Calder or Kerrow familiesOn · Off
Read new claims against every scenarioOn — not only the product profileOn · Off
Who signs conclusionsPatent counsel only: Elena Marsh, Ravi Anand, Sofia LindgrenCounsel only
Connections

Works with the sources an FTO already runs on

Patent full textclaims and descriptions — US, EP, WO, JP, CA, AU, GB, CH
Legal statusnational and regional registers, incl. term adjustment and supplementary protection
Oppositions and courtsEPO opposition register, UPC and national court dockets, US district courts and the PTAB
Product documentscharacterisation, formulation, stability, protocol, device and process documents
Classification codessearch sets built on classes such as C07K 16/24, A61K 39/395 and A61M 5/20
Earlier FTO updatesthe earlier landscapes each new search builds on
What it changes

The difference, in numbers.

Every figure is labelled: a target the solution is built to, an estimate, a typical published result, or a proven one.

typical
$650k–$1m
median cost to litigate a patent suit ($1–10m at stake), avoided by designing around early
target
23of 1,860
patents and claims left for counsel to read, each charted
Found1,860 patents
For counsel23 claims
target
4days
per FTO update, was 4 weeks by hand
By hand4 weeks
With agents4 days

“demo” = seen in the working solution, on its sample data · “target” = the design goal, measured in the live solution · “estimated” = our estimate · “typical” = published figures (AIPLA 2021 Report of the Economic Survey, cited in AIPLA's 2022 comment to ACUS — median cost to litigate a patent suit with $1–10m at stake; 35 U.S.C. § 284 — damages increased up to three times; I-MAK, Overpatented, Overpriced, 2018 — patent applications on one top-selling antibody). An analysis for patent counsel, not a legal opinion. People, companies, products, patents and documents named on this page are fictional — characters and sample data in the working solution.

Questions

What IP teams ask us.

What is a freedom-to-operate patent analysis?

It answers whether someone else's live patent claim covers your product in the markets where you will launch it. Every patent and application near the product is found, each independent claim is split into its elements, and each element is checked against the product — a claim reads only if every element does. Freedom-to-Operate Patent Analysis does that reading at scale and puts the result in the form counsel already uses, the claim chart.

Does it give a freedom to operate opinion?

No. It produces an analysis for patent counsel, and every page says it is not a legal opinion. The agents never say a claim is clear or that the product is free to operate; counsel draws every conclusion and signs it.

How does it build a claim chart?

The claim reader splits each independent claim into its elements, keeping ranges, units and alternatives exactly as granted. The element matcher reads each element against the product profile and gives a verdict — reads, does not read or unclear — citing the product document and section. Anything not measured stays unclear, with the data that would decide it.

What happens when we change the formulation?

Change a feature in the design-around probe — buffer, maintenance dose, concentration, surfactant or device — and every chart is read again and the claims are re-ranked. You see which claims stop reading and which start, and you can save the change as a scenario, which goes to the CMC lead for a cost estimate. A scenario is a what-if; the product profile changes only when CMC changes it.

How does it keep the FTO current between updates?

Every Monday at 06:00 the legal status checker reads what changed in the watched families — new publications and grants, oppositions, amended claims, continuations, annuities and lapses — and says what each means for the product. A grant in a family you name can be reported at once, and new claims can be read against every saved scenario.

Which countries and sources does it cover?

The launch markets you set, each with its share of the launch forecast — in the working solution the US, the UPC states, Spain, the UK, Switzerland, Japan, Canada and Australia. It reads patent full text, national and regional registers including term adjustment and supplementary protection, the EPO opposition register, UPC and national court dockets, US district courts and the PTAB, and your own product documents.

Do people stay in control?

Yes. The agents search, read, match, check and rank; only patent counsel records a conclusion or signs. The agents never judge validity, contact a patent owner, file anything with an office or change the product profile, and nothing they draft is sent until counsel approves it.

How long does it take to go live?

The Agentic Solution Engine builds and deploys it from your requirements and documents — your launch plan, the product's source documents and your last FTO — and it goes live once every quality gate has passed. We will walk you through it on one of your own products first.

See it on
your product.

We'll run Freedom-to-Operate Patent Analysis on one of your own products and its launch markets.