FTO Analysis
A freedom to operate (FTO) analysis checks whether making, using or selling a product in a given market would infringe patents in force there. Teams run it before a launch, so risks can be designed around, licensed, or accepted knowingly.
Why we search feature by feature
A thorough FTO is essential for product launches and for building effective design strategies. Claims are written in general language that rarely matches a product name, and the generalised keywords they use mean patent claims can be overlooked in a search.
So we categorise the product's features and run a dedicated search for each category, to identify every possible result. Breaking the product down this way catches claims that a single product-level search would miss.
Who we look at closely
We pay special attention to the parties most likely to cause trouble.
- Competitors
- Non-practising entities (NPEs)
- Entities involved in patent litigation
What we document
- Legal status
- Whether each patent is in force, so you know which ones matter.
- Family members
- The related filings, so nothing is missed across jurisdictions.
- Overlapping claims
- The claims that overlap with the product's key features.
Which markets are covered
The markets where the product will be made or sold. Tell us the countries and we scope the search to patents in force there, including pending applications that could grant.
What you can do with the findings
The point of an FTO is to make the decision with the risks in view. There are three ways to respond to a risk.
Design around
Change the product so it no longer overlaps with the claims.
License
Approach the patent owner for permission to use the technology.
Accept knowingly
Go ahead with a clear understanding of the risk you are taking.
Who uses it
Product and engineering teams
Checking a product before launch, while there is still time to change the design.
In-house counsel
Clearing a new feature before it ships.
Investors
Assessing the patent exposure of a target company.
Overlooked claims are the ones that hurt. We search each feature so nothing slips past a generic keyword.
What you receive
- A feature-by-feature search record for the product
- Every overlapping claim documented with legal status and family members
- Special attention to competitors, non-practising entities and parties active in litigation
- A summary of the risk areas and design-around options to discuss
Frequently asked questions
What is a freedom to operate analysis?
It checks whether making, using or selling a product in a given market would infringe patents that are in force there. It is done before launch so that risks can be designed around, licensed, or accepted knowingly.
Why search feature by feature rather than by product?
Claims are written in general language that rarely matches a product name. Breaking the product into its key features and searching each one separately catches claims that a single product-level search would miss.
Which jurisdictions do you cover?
The markets where the product will be made or sold. Tell us the countries and we scope the search to patents in force there, including pending applications that could grant.
What information do you record for each patent?
We document the legal status, the family member information, and the claims that overlap with the product's key features.
Clear your product before launch
Tell us about the product, its key features and the markets you plan to enter, and we'll scope the search.
