Top 7 Mistakes Companies Make When Doing FTO Searches and How to Avoid Them
In today’s fast-moving innovation landscape, launching a new product without proper intellectual property due diligence can be extremely risky. One overlooked patent can lead to costly infringement lawsuits, delayed market entry, or forced redesigns. This is why FTO Searches—Freedom to Operate Searches—are critical for businesses of all sizes.
Despite their importance, many companies still make serious mistakes when conducting Freedom to Operate Searches, often due to lack of expertise, rushed timelines, or incomplete strategies. These mistakes can undermine the very purpose of an FTO analysis.
In this blog, we explore the top 7 mistakes companies make when doing FTO Searches and, more importantly, how to avoid them to protect innovation and ensure smooth commercialization.
FTO Search
What Are FTO Searches and Why Do They Matter?
Freedom to Operate Searches are conducted to determine whether a product, process, or technology can be commercialized without infringing existing third-party patents in a specific jurisdiction. Unlike patentability searches, Freedom to Operate Searches focus on granted and active patents, not novelty.
Well-executed Freedom to Operate Searches help companies:
- Avoid patent infringement risks
- Make informed R&D decisions
- Attract investors and partners
- Reduce litigation costs
- Enable confident market entry
Now, let’s examine the most common mistakes.
Mistake #1: Starting Freedom to Operate Searches Too Late
One of the biggest mistakes companies make is performing Freedom to Operate Searches at the final stage of product development—or worse, after launch.
Why This Is Risky
Late-stage Freedom to Operate Searches often reveal blocking patents that require costly redesigns or licensing negotiations, delaying product launch.
How to Avoid It
Conduct Freedom to Operate Searches early—preferably during the R&D or prototype phase. Early searches allow flexibility in design changes and reduce legal exposure.
Mistake #2: Confusing Patentability Searches with Freedom to Operate Searches
Many companies assume that a patentability search automatically clears them to operate freely. This is a dangerous misconception.
Why This Is Risky
Patentability searches assess whether your invention is new, while FTO Searches assess whether your product infringes others’ patents. They serve very different purposes.
How to Avoid It
Always conduct Freedom to Operate Searches separately and specifically for commercialization purposes. Treat patentability and freedom to operate as two distinct analyses.
Mistake #3: Limiting the Search Scope Too Narrowly
Another common error is focusing only on exact keywords or a narrow set of patent classifications during Freedom to Operate Searches
Why This Is Risky
Patent claims are often broad and written strategically. A narrow search may miss critical patents that use different terminology but cover similar functionality.
How to Avoid It
Use a claim-based search approach and explore multiple keywords, synonyms, and IPC/CPC classifications. Professional FTO Searches analyze claim scope—not just titles or abstracts.
Mistake #4: Ignoring Jurisdiction-Specific Patent Coverage
Companies often forget that patent rights are territorial. Conducting Freedom to Operate Searches in the wrong jurisdiction can give a false sense of security.
Why This Is Risky
A product cleared in one country may still infringe patents in another. This is especially problematic for global product launches.
How to Avoid It
Conduct FTO Searches for each target market. Use reliable databases such as:
Tailor your FTO Searches to the jurisdictions where you plan to manufacture, sell, or import.
Mistake #5: Overlooking Patent Legal Status and Expiry
Some companies identify relevant patents during FTO Searches but fail to verify whether those patents are still active.
Why This Is Risky
Expired, lapsed, or abandoned patents pose no infringement risk. Misinterpreting their status can lead to unnecessary design changes or licensing costs.
How to Avoid It
Always confirm:
- Grant status
- Expiry dates
- Maintenance fee history
Accurate legal-status analysis is a core component of high-quality FTO Searches.
Mistake #6: Not Analyzing Claims in Detail
A superficial review of patent abstracts or summaries is a major mistake during Freedom to Operate Searches
Why This Is Risky
Infringement is determined by claims, not titles or descriptions. Missing a single claim element can result in incorrect conclusions.
How to Avoid It
Perform a detailed claim-by-claim analysis mapping each claim element against your product features. Expert-led FTO Searches focus heavily on claim interpretation.
Mistake #7: Handling FTO Searches Without Expert Support
Many startups and companies attempt DIY Freedom to Operate Searches to save costs, relying solely on free databases.
Why This Is Risky
Patent language is complex, and claim interpretation requires legal and technical expertise. Errors in FTO Searches can lead to severe legal consequences.
How to Avoid It
Partner with experienced IP professionals who specialize in FTO Searches. Expert firms combine legal insight, technical knowledge, and advanced search strategies.
For professional and reliable FTO Searches, consider working with IP Brigade:
Best Practices for Effective FTO Searches
To summarize, strong FTO Searches should:
- Start early in product development
- Be jurisdiction-specific
- Focus on granted and active patents
- Include detailed claim analysis
- Be updated periodically as patent landscapes evolve
Regularly updating FTO Searches is essential, especially for products with long development cycles.
Conclusion: Turn FTO Searches into a Strategic Advantage
When done correctly, Freedom to Operate Searches are not just a legal safeguard—they are a strategic business tool. Avoiding these common mistakes can save millions in litigation costs, protect brand reputation, and accelerate time-to-market.
As innovation accelerates and patent landscapes grow more complex, investing in accurate, professional Freedom to Operate Searches is no longer optional—it’s essential.
If you’re planning to launch a new product or expand into new markets, now is the time to prioritize Freedom to Operate Searches and ensure your freedom to operate with confidence.