A patent is a legal instrument. It is a monopoly right and a prohibition right at the same time. The monopoly right prohibits Third-Parties from practicing commercially the invention that is claimed in the patent. Third-Parties would infringe a patent, if they were to practice commercial acts falling within the protection conferred by the claims of the patent.
As a patent is a prohibition right, a patent does not guarantee the owner of the patent a right to practice the claimed invention commercially. To practice an invention commercially, one must have “freedom-to-operate” (FTO) the invention. Freedom to operate an invention commercially requires that the operation does not infringe Third-Party patent rights.
A situation may arise in which neither the owner of a patent nor Third-Parties wishing to operate their patented inventions in the same market are able to do so, unless a license or collaboration agreement can be reached. Accordingly, a patent does not guarantee commercial success, but in many cases, a patent will be required for a commercial success to be achieved.
Prohibition rights conferred by patents and the freedom-to-operate inventions commercially are like yin and yang. While patents affect competition and industry rivalry, they do not ensure successful commercialization of inventions. In addition to affecting industry rivalry, patents also raise barriers to market entry and thereby reduce the threat of new products entering the market. Strategic patenting sustains viable business strategies and the freedom-to-operate a business.
Competition and industry rivalry create new technical developments in any industry. Some developments will turn into substitute products or services that may fall within the scope of existing patents. However, other technical developments will be disruptive and create new technical fields not covered by existing patents. Business strategies should focus on balancing substitute and disruptive products and services.
No matter what kind of technologies our Clients are looking to develop, we aim to protect not only the technologies, but also the business prospects. We aim to cover all aspects from conception to going to market.
- How do we protect your technology…?
- How does the protection support your business…?
- What is the market potential…?
- Are you able to go-to-market…?
- Do you have freedom to operate…?
- What are the costs associated with protecting your technology…?
- What are the costs associated with commercializing your invention…?
Advisors
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Get in touch today, and let our team of patent and paralegals help you in all aspects of IP protection.
Meet the team
Partner with experience
An experienced team of patent attorneys and paralegals are ready to assist you in all aspects of protecting IP rights. We file and prosecute European patent applications, and we work with trusted advisors in the United States, Japan, and many other jurisdictions.
Meet the team
Partner with experience
An experienced team of patent attorneys and paralegals are ready to assist you in all aspects of protecting IP rights. We file and prosecute European patent applications, and we work with trusted advisors in the United States, Japan, and many other jurisdictions.