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Freedom to Operate
A "freedom to operate" analysis will give you the answer to the question of whether the path is clear for you to exploit your invention commercially.
Patent law is an exclusive right. This means that you - as a patent holder - have the right to prohibit others from using your patented invention commercially.
That you own a patent for an invention, however, does not necessarily mean that you have the right to exploit the invention. For example, a generic patent may block the exploitation of it if the invention falls under the scope of protection of the generic patent. A so-called "freedom to operate" is required to exploit inventions commercially.
Focusing on Freedom to Operate
In the latest issue of the trade journal Dansk Kemi patent consultants Flemming Gundorph Hansen and Bent Christensen describe the principles behind "freedom to operate" by using a case study from the pharmaceutical industry.
Mr Hansen and Mr Christensen are part of Chas. Hude's Life Science & Chemistry group. They have conducted many "freedom to operate" analyses for Danish and foreign firms in the chemical and pharmaceutical industry.- Read the entire article (in Danish) about "freedom to operate" (PDF)
- Read more about Flemming Gundorph Hansen
- Read more about Bent Christensen
