The commercialisation of a product or technology always involves a risk of patent infringement that can result in significant damage to the company.
The objective of a freedom of operation study is precisely to locate potential conflicting patents or patent applications in the territories where the company intends to manufacture or carry out commercial activity.
After this study, the company can act in four different ways:
- consider that the risk of infringement is zero or acceptable in all or part of the territories and, therefore, simply start business in those territories.
- modify the technology to be marketed in order to eliminate the risk or make it acceptable.
- attempt to revoke or limit the conflicting patents.
- negotiate a license for the conflicting patents.