Freedom to Operate vs. Prior Art Search: A Comprehensive Guide to IP Research
Patent research plays a critical role in ensuring product innovations remain protected and compliant with intellectual property (IP) laws. Two essential components in this process are Freedom to Operate (FTO) and Prior Art Search. Both are crucial in managing risk and establishing a competitive edge, yet they each serve unique purposes within patent strategy. Here, we’ll explain what sets these searches apart, why each matters, and how companies can strategically use them to build resilient IP strategies. Understanding Freedom to Operate (FTO) What is FTO? Freedom to Operate refers to an analysis that determines whether a product, technology, or process can be used commercially without infringing on existing patents or IP rights. This type of search investigates active patents in relevant jurisdictions and assesses whether they could pose risks to a company’s intended commercial activities. Companies aiming to launch a product rely on FTO analysis to avoid legal challenges or financial...