Do you know if you are infringing others’ patent rights?
Are you about to make large investments or marketing campaigns?
A freedom-to-operate (FTO) search and analysis can give the necessary overview before making any large investments.
In this way, a freedom-to-operate analysis may show if a product can be produced and sold or if a method can be used without infringing the rights of others.
Therefore, a freedom-to-operate analysis is especially relevant before launching a new product, logo, or trademark.
Furthermore, it may be relevant to make a freedom-to-operate analysis before selling or licensing a patent right as buyers and licensees often stipulate that the licensed product does not infringe the rights of others. It may also be relevant to make a freedom-to-operate analysis prior to filing a new patent application.
A freedom-to-operate analysis comprises a specific search for existing patent rights for a product or a method, a logo, or a trademark. The rights found are carefully analysed, partly to reveal in which countries they are valid and partly to reveal the scope of protection.
As regards issued patents, we are able to perform a patentability search to evaluate if invalidation of the patent is possible due to lack of novelty or inventive step. Sometimes, patents are wrongly issued if patent authorities have not found the most relevant documents during their novelty searches.
As regards patent applications which have not yet been accepted, we also evaluate the probability of a final patent dominating the product or method in question.
A freedom-to-operate analysis can be time-consuming depending on the technical field and the amount of patent rights found during the search, and it takes extensive experience to evaluate the potential dominance of patent applications and issued patents.
Our experts are experienced in analysing the scope of the issued patent claims on the basis of the case law of the national courts in connection with infringement questions.
Our experts have typically been part of infringement cases, either as representation to one of the parties or as judges at the Danish Maritime and Commercial Court but also as so-called experts giving the judge of the case technical and expert advice in connection with infringement and validity questions.
Please contact us for a non-binding meeting.