Freedom to Operate
What is FTO?
Freedom to Operate (FTO) means that your product or technology does not infringe any valid,
enforceable patents held by others in a particular country or region.
Role of FTO in Patent Research:
FTO is a subset of patent research focused specifically on legal risk assessment. It differs from
novelty or patentability searches which look for whether an invention is new.
Key Steps in FTO Research:
Define the scope of the product/process
Clearly outline features or technical aspects.
Search active patents and applications
Use databases (Espacenet, USPTO, WIPO, etc.).
Analyze claims of relevant patents
Determine whether any patent claims cover your
product/process.
Select jurisdictions
Identify the countries where the product will be made, sold, or used.
Evaluate patent legal status
Check if the patent is still in force.
Get legal opinion
A patent attorney should interpret claim scope and give a formal FTO opinion.
Why is FTO important?
- Avoid litigation or infringement lawsuits
- Mitigate business risk in R&D or product launches
- Inform investment or M&A decisions
- Support regulatory filings (e.g., in pharma)
- Enable licensing or design-around strategies
FTO vs Patentability Search
| Feature | FTO Search | Patentability Search |
|---|---|---|
| Purpose | Avoid infringement | Check if invention is patentable |
| Focus | Active 3rd-party patents | Prior art (any publication) |
| Output | Risk assessment | Novelty and inventive step check |
| Jurisdictions | Specific (where you operate) | Typically broader |