A freedom to operate opinion is used to determine whether an action, such as testing or commercializing a product can be done without infringing on others intellectual property rights. It is necessary to identify whether a planned activity will infringe on existing intellectual property rights in order to avoid future lawsuits. An opinion can be useful for a business to decide if they wish to proceed with the use or sale of a product or activity. If a third party determines and claims there was an infringement, the freedom to operate opinion can attest that the infringement was not intentional. It lowers the risk of exposure to enhanced damages if a freedom to operate opinion was demonstrated to be conducted.
Our law firm is capable of handling cases wherein a negotiation may be needed if intellectual property rights of others would be infringed by the use or sale of a product or activity. One possible outcome from the negotiation would be to obtain freedom to operate with the respect of those rights. This can be a very intricate process involving legal arguments, negotiations and other tactics. In the process of producing a patent related freedom to operate opinion, first we must identity if the planned practice infringes on the patent rights of a patent owner. Then, we analyze the patent and compare whether the product or activity infringes on the patent. Ownership of the patent must also be determined, including determining whether there an assignee, the patent has been maintained, and the patent can still be enforced by the owner. We analyze the different claims and scope of the subject patent along with the drawings and written background. If a possible infringement is found from our analysis, we can further our services by providing applicable defenses. We provide a carefully analyzed freedom to operate opinion in order to assist our clients with their decision to either continue or halt the use of a product or activity. Please contact the attorneys at the Plus IP Firm for assistance with freedom to operate opinions.