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?
What offensive measures do you have at your disposal to deal with a troublesome patent?
Bibliography
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Bibliography
JurisClasseur Brevets, Fascicule 4495: Patent Cancellation, Emmanuel Py, LexisNexis 2021.
JurisClasseur Brevets, Fascicule 4620: Acte de Contrefaçon. – Élément légal, Christian Le Stanc, LexisNexis 2018.
JurisClasseur Brevets, Fascicule 4650: Actions complementary to infringement actions. – Provisional prohibition of infringement....
Regulations
Convention sur le brevet européen en ligne European Patent Convention: the latest continuously updated version of the European Patent Convention, which provides for an autonomous legal system for granting European patents through a single, harmonized procedure before the European Patent...
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Wikipedia article on the patent troll concept
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