Assess third-party rights before development, product launch or entry into a new market.
Patentability is not freedom to operate
A patentability search asks whether an invention may qualify for protection. A freedom-to-operate assessment asks whether making, offering or selling a product may infringe another party’s rights. A patented improvement can still fall within a broader third-party patent.
Define the scope
Start with the specific product, manufacturing process and target countries. Relevant rights and applications are searched, legal status is checked and claim features are compared with the product. Trade marks and designs require their own search methods.
Turn findings into decisions
Options may include redesign, licensing, validity challenges or adjustments to market entry. The assessment should identify both risks and remaining uncertainty. Product changes, new publications and changes in legal status can require updates. Provide specifications, drawings, intended uses and a launch timetable.
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