Before launching a product

Run this before tooling is committed, not before the launch event.

CriticalAfter grantFounderEnterpriseEngineer

Your own patent tells you what others may not do. It never tells you what you may do. This checklist is about the second question.

Tick anything that is true. Each tick opens a short note on why it matters. Nothing you tick is sent anywhere - it stays in this browser tab.

Have you run a freedom to operate search on the product you are actually shipping?FTO reads claims in force in your markets; patentability reads disclosures anywhere. They are different exercises.
If yes: Commission FTO while design changes are still cheap - which means before tooling.
Does the study cover bought-in components and processes?A supplier component can carry a third-party right that your product then infringes.
If yes: List every bought-in element and confirm whether it was in scope.
Do your supplier contracts contain an IP indemnity?Standard supply terms usually indemnify against defects, not patent infringement.
If yes: Read the actual clause. Negotiate it before volume commitments.
Has the design changed since the study?A study is a snapshot. Regulatory and manufacturing work routinely changes the design.
If yes: Re-run the check against the final design, even if only as a delta.
Are you launching in more than one country?Patents are territorial. A clear position in India says nothing about anywhere else.
If yes: Scope the study to the countries where you will actually earn revenue in the next three years.
Does your marketing claim a patent you do not yet have?Unjustified threats of infringement proceedings are actionable, and overstating patent status carries its own risks.
If yes: Say patent applied for until grant, and check every page of the website.
Have you decided what to do if a blocking right is found?Design around, license, challenge, buy, or accept and price it - all five are legitimate, and late discovery removes most of them.
If yes: Have the conversation before you need it.
Have you checked your own patent still covers the shipping product?Post-filing improvements are not automatically inside the original claims.
If yes: Compare the product specification against the filed specification, feature by feature.

Freedom to operate is the question that decides whether you can sell. It is worth more attention than it usually gets, and much less money than a post-launch problem.

Sources & further reading

The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text

CriticalCriticality

A granted patent does not mean you are free to sell

A patent is a right to stop other people. It is not a licence to practise your own invention. Your product can be simultaneously protected by your patent and blocked…

After grantBeginner

CriticalIn simple words

Freedom to operate

An assessment of whether making or selling your product in a given country would infringe someone else's rights that are in force there. It is a different question f…

Intermediate

CriticalScenario

The launch that infringed

How can they hold a patent and still be blocked?

After grantBeginner

Getting ready to launch?

A patent of your own says nothing about whether you are free to sell. Those are two different questions and they need two different searches.

Ask about an FTO study What FTO actually means

Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.

Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.