Freedom to operate is a different question from patentability

Patentability: can I get a patent? Freedom to operate (FTO): can I make and sell this without infringing someone else's live patent in this country? A product can be unpatentable and still free to sell; it can be patented and still infringe an earlier broader patent.

An FTO review looks at granted, in-force claims in your target markets. Expired, lapsed and withdrawn patents are free to use — which is why the technology-reuse bank in this community matters for MSMEs. Always confirm status in the official register on the date you rely on it.