Barred from the market – or do you have Freedom-to-operate?

16 October 2014

It is a common misunderstanding that if your product is patented, then it may legally enter the market.

Many companies with investments in R&D discover to their great surprise that their competitors are granted patents in fields that they considered their own proprietary, since it was covered by their own patents. This is simply due to the fact that even the best patent application rarely includes all possible variants under the broad scope of protection and thus leaves exposed flanks where others may establish a field protected by patent if the technology is sufficiently attractive.

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