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    CommercializationHospital Buyer & ReimbursementFTO

    Freedom to Operate

    Analysis of whether a product can be sold without infringing third-party IP.

    Reviewed by Christian Espinosa, Founder, Blue Goat CyberLast reviewed May 5, 2026

    Definition

    An FTO analysis identifies in-force third-party patent claims that could be infringed by a planned product, and assesses design-around or licensing options. Distinct from patentability - a company can have its own patent and still infringe another.

    What this means in practice

    Investor and acquirer DD requires clean FTO opinions. Late-stage FTO surprises can derail financings and M&A.

    Primary references

    3 sources
    Link health: 2 verified 1 needs review· last checked 2026-05-09
    USPTO·1MedTech Europe·1AHRMM·1
    1. 1
      USPTO patent basics
      Verified
      USPTOuspto.gov
    2. 2
      MedTech Europe Code of Ethical Business Practice
      Needs review
      MedTech Europemedtecheurope.org
    3. 3
      AHRMM - Healthcare Supply Chain
      Verified
      AHRMMahrmm.org

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