Improving “Freedom to Operate” Analysis via Comprehensive Risk Assessment
Assessing your competitive landscape using targeted prior art search techniques and focused market analysis
Managing your information resources to cost effectively increase the quality of your searches
Applying search and market information to assess freedom to operate in your key markets
Caterina Dauvergne LexisNexis Europe
A Highlight: IP Sources and Solutions Technical IP Sources & Solutions : Patent Information and NPL IP Patent Data Delivery for intranet patent archives Non Patent Literature IP.com , Research and Disclosure & Elsevier Technical reviews through Lexis .com Totalpatent IP Research and Analysis Workflow solution 96 Patent Authorities (22 FT and MAT )
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Proceedings in the all the different IP domains
235 countries coverage
Baxter World Patent Law
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Patent Optimizer :
IP Solution for Optimising the Drafting ,Litigation & the Analysis of US Patent Applications
Under United States law, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported an infringing device or its equivalents.
European patents are enforced at a national level, i.e. on a per-country basis. Under Article 64 (3) European Patent Convention "any infringement of a European patent shall be dealt with by national law," with the European Patent Office having no legal competence to deal with and to decide on patent infringements in the contracting States of the EPO
Patents are limited by geographical boundaries. There is no such thing as a “global” patent.
PATENTS HAVE LIMITED DURATION
When properly “maintained”, patents are generally enforceable for a period of 20 years.
PATENTS ARE LIMITED IN SCOPE
The claims of a patent dictate the scope of the inventor’s enforceable rights.
Freedom to Operate Analysis: From Weighing Risks to Building your strategy FREEDOM TO OPERATE CROSS-LICENSING ACQUISITION INVALIDATION AMOUNT of MONEY INVESTED in PRODUCT DEVELOPMENT LICENSING MANUFACTURE PRODUCT and COMMERCIALIZATION
A hypothetical client intends to produce vehicle fuel tanks by blow polyethylene and related copolymers
Manufactures and Sales Plans are limited to North America .
THE PROBLEM TO BE SOLVED:
The polymer could be ethylene homopolymer or copolymer comprising ethylene and not more than 10% by weight of an alpha-olefin having from three to 20 carbon atoms.
The polymer has a density of 0.945 to 0.970 g/cm 3 , thus falling in the range of high density polyethylene (HDPE) characterized as having a density greater than or equal to 0.941 g/cm 3 .
In addition, the polymer has intrinsic viscosity of 2 to 6 dL/g. It may be prepared by classic Ziegler-Natta catalysts, i.e., titanium chloride (TiCI3, TiCl4) catalyst and alkylaluminum (AIEt3, Et2AICI, EtAICI2 , etc.) co-catalysts with or without supports or modifiers.
The client has provided a known patent on "Ethylene Polymer and Fuel Tank Comprising the Same" (US 5547722, published Aug. 20, 1996) from Mitsubishi Chemical Industries.
Used with the kind permission of the author: Thomas E. Wolff, Ph.D. “ Freedom-to-Operate Patent Searching. My Six Basic Rules.“ Searcher. The Magazine for Database Professionals, 16 (5) (May 2008): pp. 34-39 .
FTO search and analysis is necessary endeavour to avoid litigation and infringement costs .
Evaluating systematically your freedom to operate prior to launching a new product is, therefore, a way of minimizing (but not eliminating) the risk of your product infringing the patents owned by ot hers
New Technologies applied to patent searches ,such as semantic query expansion and the growing availability of patent data from Asia with machine translation enables :
Improved search precision and recall
Effective way the claims analysis
Reasonable Fostering of Asian concerns
You take the blue pill - the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill - you stay in Wonderland and I show you how deep the rabbit-hole goes.