Practical sheet | REF: FIC1620 V1

Managing an embarrassing patent

Author: Joaquim LI

Publication date: January 10, 2022 | Lire en français

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    2. What defensive measures do you have at your disposal to deal with a troublesome patent?

    Here we refer to defensive measures as those by which we can manage an interfering patent without having to interact with the owner of the interfering patent.

    These are measures that are often best considered at a fairly early stage in the exploitation of a technology, i.e. before too much investment has been made in a path that could turn out to be blocked by a patent.

    2.1 Identify potentially troublesome patents by maintaining a patent watch and conducting freedom-to-operate studies

    A prerequisite for defensive measures is to identify potentially troublesome patents as early as possible.

    These patents can be identified either by maintaining a patent watch, which involves monitoring the granting process of...

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    What defensive measures do you have at your disposal to deal with a troublesome patent?