Freedom to Operate (FTO)
Know where you can build.
PatentCobot helps you pre-screen for potential patent risks so your team can move faster, talk to counsel sooner, and make confident go-to-market decisions. (Not legal advice.)
What is FTO?
Freedom to Operate (FTO) is about whether you can make, use, or sell a product in a specific country/region and timeframe without infringing someone else's valid, enforceable IP (primarily patents). An FTO assessment focuses on patent claims and legal status (in force, expired, pending), and is typically followed by a formal legal opinion from an attorney.
Why claims and status? Infringement turns on the claims (the legal scope) and whether rights are currently enforceable; claims-first searching and legal-status checks are core to FTO.
What PatentCobot Provides (Pre-Screen)
Risk Grid
A prioritized table grouping patents/applications by jurisdiction, status, and risk tier (low/med/high), with plain-English reasons.
Claim Match Cards
Side-by-side highlights showing your feature(s) vs matched claim elements (why we think it matters).
Legal-Status Snapshot
Granted vs pending, lapse/expiry indicators, and notable legal events (where data is available).
Evidence Pack
Exportable CSV/PDF with links back to source records for attorney review.
Design-Around Cues
Highlighted claim elements to consider modifying or licensing.
Positioning
PatentCobot provides an engineering/business pre-screen. For a definitive FTO opinion, engage qualified counsel.
How It Works
Describe
Tell us what you're building, where you'll launch, and when (markets & timeframe).
Search
We search claims first (plus full text as needed), apply classification/keyword strategies, and check legal status for enforceability context.
Analyze
We map product features to claim elements, cluster results by jurisdiction/status, and assign risk tiers with short rationales. (Technical analysis — not a legal conclusion.)
Report
You receive the Risk Grid, Claim Match Cards, and an Evidence Pack for counsel.
Scope & Expectations
Focus
Patents (granted + published applications). Other IP (trademarks, designs, copyright) may also matter but are out of scope for this pre-screen.
Geographies
Country-specific — you select markets; we report by jurisdiction.
Timeframe
We consider enforceability windows (expiry/lapse) where status data is available.
What This Is Not (Limitations)
Not legal advice; not a legal opinion. Use our output with a qualified IP attorney in each target market.
No guarantee of non-infringement or completeness. Patent landscapes change; pending applications may issue; results depend on public data.
Patentability ≠ FTO. You can have a patent and still lack FTO. Patentability looks at novelty/obviousness; FTO checks third-party rights you might infringe.
Sample Outputs
Risk Grid (table)
Patent/application → jurisdiction → legal status → matched claim(s) → matched feature(s) → risk tier → notes.
Claim Match Cards (detail)
Highlighted feature ↔ claim element comparisons with citations.
Status Cards
In-force/expired/pending markers and selected legal events links (where available).
When to Engage Counsel
Before launch or after design freeze to obtain a formal FTO opinion for target markets.
Trigger events:
- • Market entry
- • Funding/M&A diligence
- • Supply-chain swaps
- • Major design pivots
FAQ
Disclaimer
PatentCobot provides automated FTO pre-screening and documentation to assist decision-making. It is not legal advice and does not create an attorney-client relationship. For a definitive Freedom to Operate opinion, consult a qualified IP attorney in each jurisdiction.
Have questions? Contact our team