Freedom to Operate (FTO)
Every product launch carries patent risk. Freedom to Operate analysis tells you whether your product, process, or technology infringes any existing third-party patent rights in your target markets — before a competitor's legal team tells you instead.
What Is an FTO Analysis?
Freedom to Operate — also known as a clearance search — determines whether a product or process can be commercialised in a specific geography without infringing valid, enforceable patent claims held by third parties. It is distinct from a patentability search: FTO asks not whether your invention is new, but whether making, using, or selling it would infringe someone else's existing rights.
A thorough FTO analysis identifies every patent in force in your target markets whose claims could potentially read on your product. It then assesses the scope of those claims, the validity of the patents, and the likelihood of infringement — giving you a risk picture you can act on.
FTO is not a one-time exercise. As your product evolves and as new patents are filed, your FTO position changes. Prism IP offers both point-in-time analyses and ongoing FTO monitoring programmes for clients with continuous product development cycles.
What We Deliver
All in-force patents in your target jurisdictions whose claims could read on your product — searched across national and regional patent offices and commercial databases.
Element-by-element mapping of each identified claim against your product features. We tell you exactly which claims are a concern and precisely why.
An FTO analysis that ignores validity is incomplete. We assess the strength of identified patents — invalid patents cannot be enforced.
Patents are classified by risk level — from remote concern to genuine blocker — so you can prioritise and allocate legal resource appropriately.
Where a genuine infringement risk exists, we identify design-around options — product modifications that remove the infringement concern without compromising functionality.
Where design-around isn't practical, we advise on licensing or acquisition options — and can connect you to our patent transactions practice for execution.
Get Started
Tell us about your product and your target markets. We'll scope an FTO analysis that gives you the clarity to move forward confidently.
Request an FTO AnalysisAsk me anything about patents, trademarks, IP strategy, or what Prism IP can do for you.