Freedom to Operate: What It Is and How to Get It

What is Freedom to Operate?

Freedom to Operate (FTO) refers to the ability to develop, make, and market a product or process without infringing on the intellectual property rights of others. It's essential for businesses to have FTO to avoid potential legal challenges and financial losses.

Why FTO Matters

Having FTO is crucial for several reasons:

• Legal protection: FTO helps protect your business from infringement lawsuits.
• Investment security: Investors are more likely to invest in businesses with a clear FTO path.
• Competitive advantage: FTO enables you to operate freely in the market without facing patent-related barriers.

How to Proceed with FTO

Determining FTO can be complex. Here are some steps to consider:

• Conduct a patent search: Identify any potentially infringing patents.
• Analyze the claims: Determine whether your product or process falls within the scope of any found patents.
• Consider infringement risk: Assess the likelihood of facing legal challenges based on the strength of the patents and your product's features.
• Obtain FTO opinions: Engage with intellectual property attorneys to provide professional opinions on your FTO status.

FTO opinions are crucial for establishing a clear understanding of your intellectual property rights. They can help mitigate risks, guide strategic decisions, and provide a strong foundation for your business.