Freedom to Operate (FTO)

Determines whether your product or process is clear to make, use or sell in a particular country without infringing someone else’s active rights

Protection and Portfolio Management

What It Means

A Freedom to Operate (FTO) analysis is a search of patent databases to assess the risk of your product or process of infringing the rights of others. Think of it as checking a map for legal landmines before you start building and selling. It helps you identify this risk early, and take steps to mitigate it. For example you could avoid infringement by technical workarounds, market avoidance, a license to use/sell, or by challenging the patent.

Why It Matters

Knowing you have the freedom to operate:

Reduces risk of legal conflict

Launching a product or process that infringes a patent can lead to expensive lawsuits and an injunction that forces you to stop sales immediately.

Unlocks investment and partnerships

Investors conduct rigorous due diligence. A clear FTO analysis de-risks your venture by providing evidence that major legal barriers to market entry are unlikely.

Informs smarter commercial strategy

The findings can guide your research, design, or licensing strategy. You might discover a need to innovate around a specific patent or seek a licence, allowing you to plan effectively rather than reacting to a crisis later.