"Freedom to operate", abbreviated "FTO", is usually used to mean determining whether a particular action, such as testing or commercialising a product, can be done without infringing valid intellectual property rights of others.
Since IP rights are specific to different jurisdictions, a "freedom to operate" analysis should relate to particular countries or regions where you want to operate. If you want to commercialise a new variety of lentil seed in your own country, for example, you might have complete freedom to operate if there are no patents, plant variety rights, trademarks or other IP rights covering the seed, the process used to make it or the way you wish to market it or in your country.Freedom to Operate opinions generally evaluate patents in a field in which you are planning to launch a product to verify whether or not potential infringements exist. If there is a possibility that a product infringes a patent, and if it is determined that there is no infringement, then an opinion is usually rendered giving this conclusion. You can prepare Freedom to Operate opinions for compositions and for processes.
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