How a Strategic Freedom-to-Operate (FTO) Search Shielded a Biotech from a $12M Patent Lawsuit


 Introduction


In 2024, a U.S.-based biotech company came within inches of a catastrophic $12 million patent infringement lawsuit. The trigger? A breakthrough therapeutic molecule that overlapped—unbeknownst to them—with an existing protected claim. But a last-minute Freedom-to-Operate (FTO) search exposed the legal minefield just in time.

FTO searches are the unsung heroes of innovation—systematic investigations that reveal whether a product or process infringes on any existing patents. In a landscape as litigious as biotech, the real question isn’t “Can we build this?” but “Can we bring it to market legally?”


Let’s explore how an FTO search turned a looming disaster into a competitive advantage—and why biotech innovators in India and Canada should take note.
#patentoffice #patentapplication #patent #patentlawyer #patentsearch #intellectualproperty #patentpending #uspto #illustration #patentportfolio #patentdrawings #pct #patentdrafting #pctfiling #patentability #drawing #prioritydate #claims #enablement #nonobvious #novelty #legalprotection #uspatent #patentillustration #provisionalpatent #patentstrategy #patentprotection #patentfiling #invention #lawyer

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