Freedom to Operate (FTO) Searches: What They Are and Why They Matter

When businesses prepare to launch a new product or technology, one of the biggest risks they face is unintentionally stepping on someone else’s intellectual property rights. That’s where a Freedom to Operate (FTO) search comes in.

An FTO search is not about whether your invention is patentable (that’s a patentability search)—it’s about whether you’re free to make, use, or sell your product without infringing someone else’s patent. In other words, it helps you avoid lawsuits, licensing disputes, or costly product redesigns down the line.

What Is a Freedom to Operate (FTO) Search?

An FTO search, sometimes called a clearance search, is an in-depth review of existing patents and published applications to identify potential barriers to commercialization.

Key points about FTO searches:

• Jurisdiction-specific: Patents are territorial. If you want to sell in the U.S., you need an FTO search covering U.S. patents. Expanding to Europe or Asia? You’ll need searches in those regions too.

• Focused on enforceable rights: The search considers granted patents and their legal status (expired, abandoned, or in force).

• Tailored to your product: Unlike general novelty searches, FTO searches look specifically at the features of your product or process that might overlap with existing patent claims.

Why Do FTO Searches Matter?

Skipping an FTO search is like driving without a map—you might arrive safely, but you could just as easily hit a dead end or, worse, crash.

1. Reduce litigation risk
Patent infringement lawsuits are expensive, time-consuming, and potentially devastating for startups and SMEs. An FTO search flags risks before launch.

2. Guide design decisions
If a competitor holds a patent on a feature you plan to use, an FTO search helps you identify workarounds or design-arounds early.

3. Strengthen investment readiness
Investors, partners, and acquirers want reassurance that your business won’t be crippled by IP disputes. An FTO search signals that you’ve done your homework.

4. Inform licensing strategy
Sometimes you’ll discover patents that you can’t avoid. In that case, an FTO search helps you negotiate licenses or cross-licensing deals from a position of knowledge.

When Should You Conduct an FTO Search?

The best time is before major investments in manufacturing, marketing, or distribution. Typically, businesses order an FTO search:

• Before product launch

• Ahead of entering new markets

• Prior to seeking investors or partnerships

Delaying until after launch is risky—the later you find out about a blocking patent, the fewer (and more expensive) your options become.

FTO Search vs. Patentability Search

Many businesses confuse the two. Here’s the difference:

• Patentability search: Checks if your invention is new and inventive enough to be patented.

• FTO search: Checks if commercializing your invention infringes someone else’s existing patent rights.

You can have a patent on your invention and still infringe another patent. That’s why both searches serve different but complementary purposes.

The Bottom Line

Freedom to Operate searches are an essential risk management tool for any company bringing innovations to market. They don’t just help you avoid legal trouble—they also support smarter business decisions, smoother investor conversations, and safer market expansion.

Working with experienced IP professionals ensures that your FTO search is thorough, properly interpreted, and aligned with your business goals.