Freedom to Operate, Infringement and Validity Studies

Patents are a tool to protect innovation by blocking competitors from the market. A “freedom to operate” audit determines the risk that an innovation will be blocked, avoiding unpleasant surprises and high litigation costs.

Our level of our involvement is determined in close-collaboration. Preferably before commercializing a new product or process, we search for and identify any inconvenient patent rights. We then study these patent rights in detail, examine relevant patent office dossiers, search for damaging prior art, and advise how the risk of infringement can be eliminated or reduced. Options can then include challenging the validity of the right, negotiating with the patent holder and changing the design of the product or process.

Unfortunately, you may only become aware of a competitor’s patent through a warning letter or a court action against your company. We will assess the strength of the infringement allegation by analyzing the patent right in detail and comparing it with the design details of the accused product or process.