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Freedom To Operate

Any technology as well as a pending patent application or even a granted patent can be dominated by existing IP rights. To establish whether your technology is dominated by existing IP rights, we can help you analyse:

  • the scope of the suspected dominating patent claims
  • the seriousness of the suspected dominating right – the claims in a pending patent application may be limited during prosecution and end as non-serious claims in the issued patent
  • whether the suspected dominating right is in force; sometimes a patent or patent application has lapsed
  • whether the claims are valid
  • what is the overall scope of the protection that may ultimately arise
  • and finally, if there is a way around the dominating right.