What is Freedom to Operate?
Understanding freedom to operate (FTO) analysis—what it is, when you need one, and how AI accelerates the process.
Definition
Freedom to operate (FTO) refers to the ability to develop, manufacture, and sell a product or use a process without infringing the intellectual property rights of others. An FTO analysis identifies third-party patents that might block your planned activities.
When You Need FTO Analysis
- Before launching a new product
- Before entering a new market or jurisdiction
- Before investing in R&D in a new technology area
- During M&A due diligence
- When a competitor asserts patent rights
The FTO Analysis Process
- Define the product/process: Clearly describe what you plan to do
- Search relevant patents: Find active patents in the relevant technology and jurisdictions
- Analyze claims: Compare potentially blocking claims against your product/process
- Assess risk: Determine the likelihood and severity of potential infringement
- Develop strategy: Plan design-arounds, licensing, or other mitigation approaches
FTO vs. Patentability
These are different questions: - **FTO**: "Can I sell this product without infringing others' patents?" - **Patentability**: "Can I get a patent for this invention?"
Having your own patent does NOT give you freedom to operate—you can still infringe someone else's patent.
How AI Improves FTO Analysis
AI accelerates FTO by identifying potentially blocking patents more comprehensively, analyzing claim scope at scale, and helping prioritize which patents need detailed legal review.