Doing business in sectors and markets dominated by IP rights is associated with a potential risk of being controlled by competitors having patents or pending patent applications. Hence although a company has a number of granted patents, it is by no means certain that it will be able to freely market its products, since both pending patent applications and even granted patents may potentially be dominated by rights owned by other companies.
In order to determine whether our clients have “freedom to operate” within an area of business or a technical area, we identify relevant patents/applications and assess their scope of protection, validity, status, geographical coverage as well as the probability of the applicants obtaining a dominant patent. At the same time, we present our assessment of our client’s options of working around dominant patents, for instance by using alternative technologies.
We have extensive experience with the preparation of Freedom-to-Operate analyses – both within our clients’ core technologies and within other business areas. We always make a clear recommendation and thus chart the course for our clients’ future behaviour within the technology in question. In this manner, we enable our clients to assess the potential risk at hand.