Freedom-to-Operate Studies | Practical Law

Freedom-to-Operate Studies | Practical Law

A Practice Note discussing why and how patent counsel should conduct a patent landscape study as part of the assessment of whether the client's intended manufacture, commercialization, or use of a product may result in a third-party claim of patent infringement. Such a study may be preparatory to or part of activities patent counsel should conduct when preparing a freedom-to-operate opinion. This Note summarizes the key elements of conducting a patent landscape study, including determining the study's timing and scope, advising the client of the study's results, and considering alternative post-study actions.

Freedom-to-Operate Studies

Practical Law Practice Note 7-597-2705 (Approx. 18 pages)

Freedom-to-Operate Studies

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note discussing why and how patent counsel should conduct a patent landscape study as part of the assessment of whether the client's intended manufacture, commercialization, or use of a product may result in a third-party claim of patent infringement. Such a study may be preparatory to or part of activities patent counsel should conduct when preparing a freedom-to-operate opinion. This Note summarizes the key elements of conducting a patent landscape study, including determining the study's timing and scope, advising the client of the study's results, and considering alternative post-study actions.