What does Freedom To Operate (FTO) in Italy and abroad refer to?

Freedom To Operate (FTO) services involve analyzing Italian and foreign markets to verify whether a product to be launched or a patent to be filed is at risk of violating patent rights held by others. In other words, it is patent-focused research that determines whether a client is free to enter a specific market with its product or methods. 

This research is accompanied by a Freedom To Operate opinion: Jacobacci & Partners professionals analyze the search results and prepare written opinions that are presented together with the outcomes of the survey and a global evaluation of any potential issues. We offer useful, tailor-made suggestions to assist our client in making a decision on whether to enter or further expand in a market.

Advantages

A patent entitles the owner to prevent unauthorized third parties from utilizing the patented invention, or from gaining exclusive rights over the same invention. Freedom to Operate opinions are therefore an important step that is necessary before launching a new product on the market or investing in new innovation projects. Such opinions also help to evaluate the commitment of time and money that a company must consider before deciding to market a product.

Moreover, the opinion of experts on the state of the market is essential in helping a client understand where it stands and what direction is most advantageous for the future of the company.

Risks

FTO research is a preliminary action that is indispensable not only understanding the state of the market in which the client wishes to operate, but for the life of the company itself. Infringing third-party patents constitutes a legal risk that can undermine the company's mission and cause considerable loss.

Our latest blog posts

J&P per IPKat

8

May

2026

Patents, The IPKat

A Venetian surprise: Does the UPCA transitional period really require an opt-out to access national courts?

Article originally published on The IPKat The transitional period of the Unified Patent Court Agreement (UPCA) is widely understood to offer a safe harbor of choice. For a period...

Artificial Intelligence in fashion

11

March

2026

Trademarks, Asipi, AI

Artificial Intelligence in fashion: a viewpoint focused on Intellectual Property

The use of Artificial Intelligence (hereinafter, “AI”) has burst into the market, gradually transforming our lives and revolutionizing the approach to Intellectual Property...

EPO's new rules for colour drawings

12

December

2025

Patents, The IPKat

Beyond black and white: the EPO’s new rules for colour drawings

Article originally published on The IPKat Following some unwelcome news from the Unified Patent Court (UPC) regarding recent fee increases, the European Patent Office (EPO) has...