Before bringing a product to market, it’s essential to check that you’re not infringing a competitor’s patent. Otherwise, you run the risk of an infringement action. with potentially disastrous legal and financial consequences.
Freedom to operate
Check that you’re not a counterfeiter
Why is freedom to operate crucial?
You can innovate and file patents to protect your inventions, but your competitors can do the same. Without a freedom-to-operate study, you could unknowingly be infringing one or more patents held by others.
The consequences can be serious: seizure of your products, prohibition of marketing, damages and interest, legal fees in the event of litigation, infringement of intellectual property rights.
Counterfeiter without knowing it?
A granted patent gives its holder a 20-year monopoly on an invention in the countries chosen by the patentee. If you use a technical solution patented by a competitor before you in the same territory, you could be considered an infringer.
Avoid surprises
To remove this sword of Damocles, investors and entrepreneurs are advised to carry out a freedom-to-operate study for each new project. This study makes it possible to check existing patents, to ensure their validity, and to determine the means of circumventing them if necessary. Our industrial property attorneys, accredited by the INPI and the European Patent Office, carry out this type of study, to identify any patents in the way or to validate freedom to operate, particularly before marketing your product or raising funds.
Even in good faith, you can be convicted
It’s possible that, despite all your precautions, a competitor has filed a patent on a similar invention before you. Without a freedom-to-operate study, you could be considered an infringer and condemned, even if you act in good faith. The old adage “No one is supposed to ignore the law” takes on its full meaning here.
10,000 new patents filed every day….
If you’ve already carried out a freedom-to-operate study, it’s crucial to update it regularly, especially if you’re planning to expand internationally. 4 million patents were filed worldwide last year!
Our offer for freedom to operate
At YesMyPatent, we help you limit the risk of being sued for infringement by carrying out
comprehensive, customized freedom-to-operate studies.
Our experts provide you with detailed analyses to secure your investments
and ensure that your business stays on track.
