Before bringing a new product or process to market, many businesses need to know the potential risks associated with their new product. Part of this vetting process involves a freedom-to-operate opinion, which is an evaluation of whether a product or process infringes the patent of another product.
Evaluate Your Product with a Freedom to Operate Opinion
A freedom-to-operate opinion (FTO) is an evaluation of whether your product or process infringes on the patent of another. This FTO can save you time by assessing risk of infringement on a current patent before entering into a market with a new product or process. A FTO answers questions like the following: Will I infringe a patent of another? What current existing patents will affect my ability to profitably sell my invention? Do I have to license another company’s technology? What are the risks with moving forward with my new product or process?
A FTO allows a business to effectively determine a level of risk, design around already existing patents or patent applications to avoid patent infringement, or develop strategic business partners through licensing or assignment agreements.
A freedom-to-operate opinion begins with an assessment of the product or process you are seeking to bring to the market. Our team of experienced attorneys will analyze your product or process to determine all the aspects or components of your product.
Once we have a complete and full understanding of your product or process, we will conduct a search to find patents and patent applications that are related to the product or process. After we identify any potential related patents and patent applications are identified by the search, we analyze the patents and patent applications to determine what patents and patent applications pose a risk for infringement.
A freedom-to-operate opinion or analysis may include an evaluation of multiple aspects associated with your product, including: which patents are already in the public domain and can provide a safe harbor for the product or process; if the claims of your patent or patent application are invalid; and, if a patent or patent applications’ claims are infringed upon by the new product or process.
A freedom-to-operate opinion can never guarantee a business will not be sued. Patent applications by others may be on file but unpublished at the time of the search. Because of this, they cannot be considered in the analysis portion of the FTO. Additionally, the filing of a lawsuit by another party in some cases is uncontrollable. However, working with an experienced patent attorney that will perform your freedom-to-operate opinion can significantly reduce the unknown risk to your business.
If you have spent time, effort, and money to create a one-of-a-kind product, you need to ensure you have an intellectual property protection strategy in place.
Reilly Intellectual Property Law Firm
Reilly Intellectual Property Law Firm provides patent services to protect the inventions that change and shape our world. We handle handles patents, trademarks, copyrights and licensing legal services in Denver. Our experienced attorneys provide strategic guidance, patent counseling and prosecution, new product clearance and licensing, as well as counsel regarding patent enforcement and how to avoid possible infringement issues.
Our patent attorneys actively and aggressively represent plaintiffs and defendants in a wide variety of proceedings before courts both domestically and internationally. We provide solutions that anticipate our client’s need to protect their intellectual property so that their business thrives. We would love to work with you to develop a dynamic strategy that addresses your patent, trademark, copyright, and licensing concerns.