Freedom to operate: why you shouldn't invest without checking

“Do you have the freedom to operate?” It's a question you hear more frequently in conversations with investors. And rightly so. Because no investor wants to see a multi-million dollar project fail because you accidentally infringed on someone else's patent.

Especially in sectors such as DeepTech, CleanTech, and MedTech, where development processes take years and cost millions of dollars before the first revenue is generated, it is crucial to know in advance: can we operate freely, or are we taking risks?

Marco Coolen, photo © Bart van Overbeeke

What is Freedom to Operate (FTO)?

A Freedom to Operate investigation is essentially a risk assessment. A patent attorney checks whether your product, process, or technology may infringe on existing patents.

What happens during such an investigation?

✔️ Relevant patents are identified.

✔️ The scope of protection of these patents is analyzed.

✔️ An assessment is made as to whether your innovation falls within those claims or neatly circumvents them.

An FTO is therefore a way of identifying in advance where you have freedom to operate and where you need to be careful. It does not provide absolute certainty, but it does provide strategic insight.

No guarantee, but control

It is essential to understand that only a court can ultimately determine whether there is an actual infringement. An FTO therefore does not offer legal protection, but it does provide a solid basis for your choices.

Compare it to checking the weather before going on an expedition. You can never be 100% sure what you will encounter along the way, but good preparation increases the chance that you will arrive safely.

A strong FTO helps you to:

• Make better decisions about product development.
• Identify risks early on and avoid them if necessary.
• Substantiate investments to stakeholders and financiers.

And just as important: it enables you to prevent or circumvent patents in good time or (if necessary) obtain licenses.

Why FTO is essential for deep tech and cleantech

In sectors where it takes years to bring technology to market, risks can accumulate and escalate. Every mistake becomes costly, especially if you discover at a late stage that someone else has a patent on a crucial part of your technology.

An FTO investigation is relatively affordable compared to the costs of legal proceedings or a complete redevelopment. Smart investing, therefore, also means smart risk management.

Not a luxury, but a necessity

Do you want to invest in serious innovation? Then, a Freedom to Operate investigation is essential. Not because it offers 100% certainty, which does not exist in the world of intellectual property. But understanding the risks makes you stronger in negotiations, investment rounds, and product development.

An FTO is not an excuse to stand still. It is the starting signal to enter the market with confidence. Because doing business without knowing whether you can move freely? That's the real risk.