Freedom to Operate (FTO)

Freedom to Operate Services

Before launching a new product, businesses often need to determine whether existing patents could block commercialization. A freedom to operate analysis evaluates whether a product, process, or technology may infringe active patents owned by others.

At Collier Legal, we conduct freedom to operate analyses that help companies understand potential patent risks before investing in manufacturing, marketing, or product launch.

A carefully performed analysis allows businesses to move forward with greater confidence while reducing the risk of costly patent disputes.

What Is Freedom to Operate

Freedom to operate refers to the ability to make, use, or sell a product without infringing the valid patent rights of another party.

Even if a company develops its own technology or obtains a patent on an improvement, earlier patents may still create legal barriers to commercialization.

Freedom to operate analyses evaluate:

Existing patents that could cover the product
Claim scope and potential infringement risks
Patent expiration timelines
Opportunities to design around existing patents

Understanding these issues early allows companies to make informed decisions about product development and market entry.

When Businesses Need Freedom to Operate Analysis

Companies commonly request FTO analysis in situations such as:

Preparing to launch a new product
Entering a market with existing patent activity
Evaluating a competitor’s patent portfolio
Assessing risks before large manufacturing investments
Conducting due diligence for investors or acquisitions

Identifying patent risks early is often far less expensive than defending an infringement lawsuit after product launch.

Scope of Freedom to Operate Searches

FTO analysis typically begins with a focused patent search to identify potentially relevant patents.

Our review then evaluates:

The scope of the patent claims
Whether the product falls within those claims
Whether design modifications could reduce risk
Whether licenses may be necessary

Because patent claims define the legal boundaries of protection, claim interpretation plays a central role in any freedom to operate assessment.

Design Around and Risk Mitigation

In many cases, the goal of an FTO is not simply to identify risk but to find ways to reduce or eliminate it.

Possible outcomes may include:

Designing around existing patents
Waiting for key patents to expire
Seeking licensing opportunities
Adjusting product features to avoid claim coverage

These strategies allow companies to move forward while minimizing exposure to infringement claims.

Freedom to Operate and Patent Strategy

Freedom to operate analysis often works together with patent prosecution. Businesses may pursue their own patents while also evaluating the surrounding patent landscape.

Our attorneys help clients integrate freedom to operate analysis with broader intellectual property strategies that support long term innovation and market entry.

Technology Expertise

Service Areas

What Sets Us Apart

Awards

Best Lawyers: Ones to Watch in America (2024 – Present)

-Patent Litigation

Super Lawyers: Rising Stars (2026 – Present)

-Intellectual Property

Reviews

5.0★ Google Rating Across All Locations

Clients consistently rate us 5 stars for responsiveness, clarity, and strategic insight.

Testimonials

“Joe was phenomenal to work with. As a first-time inventor navigating the patent process, I couldn’t have asked for better support. He was fast, efficient, and took the time to ensure my filing not only met requirements, but maximized the value of my invention. He answered every question, offered thoughtful guidance, and delivered a polished, professional specification right on schedule. If you’re looking for someone who knows their stuff and actually gives a damn, Joe’s your guy.”