Freedom to operate (FTO search)
Description
An FTO search focuses on granted, in-force patents rather than pending applications or expired assets. Researchers review claims, legal status, jurisdiction and ownership to determine whether any patent may cover elements of the proposed product or process. This analysis forms the foundation for legal opinions prepared by patent counsel.
FTO searches are typically performed before product launch, licensing discussions, investment decisions or market expansion. They help companies avoid litigation, redesign products early in development or negotiate licences where needed. Because patent status varies across countries, an FTO search must be conducted for each jurisdiction of interest. Accuracy is essential. A strong FTO search requires thorough patent retrieval, correct interpretation of claims and up-to-date status checks. Structured workflows and access to specialized subject-matter expertise help ensure that the results are complete and reliable.
Example use cases
- Risk assessment: Assessing commercial risk before launching a new product.
- Expansion: Supporting market entry or expansion planning.
- Landscape: Evaluating the patent landscape around a new technology.
- Redesign: Guiding product redesign to avoid infringement.
- Licensing: Preparing for licensing or partnership negotiations.
- Due diligence: Supporting due diligence for mergers, acquisitions or investment.
Key benefits
RWS perspective
RWS delivers comprehensive FTO searches through experienced research teams who combine advanced retrieval tools with deep subject-matter knowledge. Structured workflows, global coverage and human analysis ensure organizations receive complete, accurate and actionable insights before entering a market. This Human + Technology blend helps legal and product teams assess risk confidently, adapt strategies early and protect investments with clear evidence.