Today, more than 140 million patents are publicly available, and every week around 1 million legal changes take place. For small and medium-sized companies (SMEs), this creates a major challenge: how do you make sure your product is not infringing on someone else’s patent?
Large companies have in-house patent teams, legal experts, and budgets to handle this. But SMEs often don’t. They may not have the resources, experience, or tools to manage patents effectively. And that creates risk.
If you bring a product to market and someone else has a patent covering part of it, you could face legal trouble, even if you didn’t know that patent existed.
What Is Freedom to Operate?
Freedom to operate (FTO) means that your company can develop, produce, and sell a product or service without infringing on anyone else’s intellectual property rights, usually patents. It doesn’t mean that you own a patent; it means no one else owns a patent that could block your work. To achieve this, you need to understand the existing patent landscape and keep an eye on changes that may affect your business.
3 Ways to Gain Control Over Freedom to Operate
1. Get Support from Patent Experts
Most SMEs start with online searches, similar to using Google. But patent databases are complex. If you search for something like “converter” and “electric vehicle,” you might get tens of thousands of results. It’s difficult to know what matters.
That’s why working with patent engineers or legal professionals can make a big difference.
They can:
- Search and filter patent data in a more advanced way
- Interpret what patents really cover
- Tell you whether your product could be at risk
- Help you write or adjust patents to secure proper protection
A lawyer can also explain how a patent application changes during the review process. What you submit at the start isn’t always what gets approved. Experts can guide you through those updates to make sure your patent stays strong.
2. Set Up Alerts to Monitor Changes
Even if your product has been on the market for years, it’s still possible that new patents appear that could affect your business.
Many SMEs don’t track patent changes regularly. But tools are available that can automatically alert you to important updates, such as:
- New patents filed in your country or industry
- A patent expiring because it wasn’t renewed
- Competitors entering your market with protected ideas
With these alerts, your technical team can step in to check whether those patents impact your business. This way, you’re not caught by surprise.
3. Use AI to Speed Up and Improve Searches
Artificial intelligence can help reduce the time and effort needed to search through patents. Instead of sorting through hundreds of documents, AI tools can show you only the most relevant ones.
This means your team can:
- Save time during research
- Focus on developing new ideas instead of reviewing documents
- Quickly identify risks, gaps, or opportunities in the market
AI doesn’t replace your team, but it supports them. It follows updates in patent databases, so your team doesn’t have to.
A Real Example
Recently, I visited an SME that’s building really exciting technology. But they had never filed a single patent.
We met because they were being sued. Another company with a strong IP process had discovered that the SME’s product was infringing on a protected idea.
The company that filed the lawsuit had done their homework. They were monitoring patents and had a process in place. The SME didn’t. That’s what made the difference.
Conclusion: Why It Matters
Having freedom to operate means being confident that your product doesn’t infringe on anyone else’s rights. Without a clear process, you could be taking big risks.
It doesn’t mean you need a full legal team. But it does mean you need a way to:
- Understand what patents are out there
- Track changes in your market
- Get expert help when needed
Whether through outsourcing, automation, or AI, putting a system in place will protect your business and help you move forward with confidence.
insights by: Dimitris Giannoccaro