07 September 2026
A patent can give you rights in your invention. It does not automatically give you permission to sell your product.
That distinction surprises many businesses.
A patent is generally a right to stop others from using the invention claimed in the patent. But your product may still fall within someone else’s earlier patent rights.
This is where a freedom to operate search comes in.
A freedom to operate search looks for existing patents and patent applications that may create infringement risk in a target market. It is different from a patentability search.
A patentability search asks: is your invention new and inventive?
A freedom to operate search asks: can you commercialise without infringing someone else’s rights?
Both questions matter, but they are not the same.
Freedom to operate is especially important before:
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launching a new product;
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manufacturing at scale;
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entering a new country;
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signing distribution agreements;
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raising investment;
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selling a business;
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spending heavily on tooling or production.
No search can guarantee zero risk. Patent claims can be complex, pending applications can change, and different countries have different patent landscapes. But a targeted FTO review can identify major risks early and help shape a commercial strategy.
Depending on the results, options may include redesigning the product, seeking a licence, challenging a patent, delaying launch, changing markets or proceeding with a clearer understanding of risk.
For technology businesses, FTO should be considered before the point of no return — not after launch.
IP Solved can help with patent searches, freedom to operate advice and commercial IP strategy before you commit serious time and money to a new product.
This article provides general information only and is not legal advice. Specific advice should be obtained for your business and target markets.
