Before launching a new product in a particular territory, it is very important to make sure that you will not be infringing the existing rights of another party, as committing patent infringement can be extremely damaging to your business.
A patent holder could stop you from making and selling your product in the relevant territory - this could render the investment into the product worthless and disrupt your business plan. In addition, you might be liable for significant damages and incur significant legal expenses.
A Freedom to Operate (FTO) search is the best way to identify any potential issues in advance and minimise the risk of committing patent infringement. While it may not be possible to have a 100% guarantee of FTO, the more thorough the search, the more information and therefore certainty, you will have for your product. This applies equally for products which have not been patented, as well as for patented inventions - having your own patent does not remove the ability of other parties to sue you for infringement.
If potentially risky patents are identified, there are a variety of steps that can be taken to mitigate the risk. For example, you can modify your product to avoid using the patented technology. You could also approach the rightsholder with a view to securing a license to use the patented technology. The individual circumstances of the situation will dictate what action should be taken.
Dr. Emil Benatov & Partners offers FTO searches and risk analysis in a multitude of technical fields, including pharmaceuticals, food and beverage, cosmetics and chemistry. Our team will will examine your business circumstances and offer you the particular service most suited to your needs. Let us help you obtain certainty for your business decisions and give you the ability to confidently proceed with your investments.
Contact us for expert advice - https://benatov.biz/contacts
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