Whilst the main focus of Intellectual Property is usually about how to obtain rights, it is equally important to consider whether the sale of a product or the provision of a process, will infringe the rights of others.

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There is also a common misconception that if you have been granted an IP right, such as a patent, that you do not infringe anyone else. Unfortunately, this is not correct.

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We have a great deal of experience providing infringement advice and conducting "freedom-to-operate" exercises for our clients in relation to patents, trade marks and registered designs.

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In any such exercise there is a balance between available budget and acceptable risk and we enjoy discussing with our clients how to maximise the impact from the work conducted. Whilst it is possible to conduct broad, subject matter based searches, it is often better to focus on "red-flags", for example known similar products or other obvious areas for concern.

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If you need help with freedom to operate, then please let us know.

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INFRINGEMENT OPINIONS