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Patent Defense and Freedom to Operate (FTO) Insurance advisory for global corporate clients

What is Patent Defense and Freedom to Operate (FTO) Insurance?

Basle Insurance Agency is a premier global provider of Patent Defense and Freedom to Operate (FTO) Insurance, a specialized, institutional-grade risk-transfer mechanism that converts the unmeasurable, catastrophic threat of patent litigation into a predictable, capped corporate expense. Programmes protect operating companies and funded innovators against covered defence costs, settlements and judgments across the United States, United Kingdom, European Union and Asia Pacific, subject to policy terms.

How Patent Defense and FTO Insurance works

Underwriters assess the patent landscape around your products, typically relying on an independent FTO opinion. The policy then caps the financial consequence of covered infringement claims at an agreed limit and retention.

Underwriting basis

  • Independent FTO analysis of product claims
  • Patent landscape and prior art review
  • Claims history and exposure to non-practising entities
  • Product revenue and jurisdictions of sale

Patent Defense and FTO Insurance coverage scope

Defence

  • Legal fees and expert costs in covered patent infringement proceedings
  • Inter partes review and post-grant challenge costs before the USPTO Patent Trial and Appeal Board, where included
  • Defence in US federal courts, the ITC, the Unified Patent Court, the UK Patents Court and APAC courts

Indemnity

  • Covered settlements and judgments up to the policy limit
  • Counterclaim and invalidity action costs, where included
  • Redesign or licensing costs, where the policy provides

Patent Defense and FTO Insurance claim triggers

Typical triggers

  • Filing of a patent infringement complaint
  • Receipt of a written infringement allegation or demand, as defined in the policy
  • Initiation of an ITC investigation
  • A validity challenge linked to a covered claim

Global patent jurisdictions

Patent risk is a multi-forum exposure. Basle Insurance Agency coordinates cover across the forums that matter to your product footprint.

Forums we address

  • United States, including the USPTO and PTAB proceedings and federal litigation
  • European Union, including the Unified Patent Court and the European Patent Office
  • United Kingdom, including the Patents Court and the UK IPO
  • Asia Pacific, including CNIPA, JPO, KIPO and IP Australia

Who buys Patent Defense and FTO Insurance

CFOs

  • Replace open-ended litigation exposure with a capped, budgetable cost
  • Support financing, M&A and IPO diligence with documented IP risk transfer

General Counsel

  • Fund patent defence without disrupting the legal budget
  • Pair FTO opinions with insurance for launch decisions

Risk Officers

  • Add patent litigation to the enterprise risk register
  • Coordinate with directors and officers and product liability programmes

Why Basle Insurance Agency

  • Singapore-based structuring desk serving clients in the United States, United Kingdom, European Union and Asia Pacific
  • Placement with licensed insurers and sureties, with wording shaped around your obligations
  • Senior specialist engagement for CFOs, General Counsel and Risk Officers
  • Coordinated documentation for boards, investors, lenders and regulators

Buyer FAQ

It is a risk-transfer mechanism that covers defence costs and, subject to policy terms, settlements or judgments arising from patent infringement claims, giving the insured a predictable, capped expense.

An FTO opinion is a legal analysis of infringement risk. Insurance transfers the financial consequence of a claim to an insurer, and the opinion often forms part of underwriting.

Defence costs such as legal fees and experts are the core cover. Settlements, judgments and related proceedings are covered where the wording provides, up to the limit.

Policies commonly exclude known claims and deliberate infringement. The policy wording governs.

Programmes can address the United States, United Kingdom, European Union including the Unified Patent Court, and Asia Pacific, depending on the insurer and product footprint.

Send the product description, FTO opinions, revenue by jurisdiction, patent claims history and desired limit. A Basle specialist will respond with options.

Request Patent Defense and FTO Insurance terms

Speak with a Basle specialist about capping your patent litigation exposure.

Request Patent Defense and FTO Insurance terms

Basle Insurance Agency arranges insurance and surety placements with licensed carriers. Availability, terms and pricing depend on jurisdiction, underwriting and regulatory requirements. Nothing on this page is an offer of cover or legal, financial or investment advice.