Freedom To Control And Operate Analysis
The technology is getting more packed day by day. Every product we discover could be a simple plaything or a little car part or a very technologically intensive product such as the spare section of a satellite launching vehicle, can be an amalgamation of varied ideas and practical concepts which are protected with a bevy of patents, utility models and design registrations. In this type of scenario, even before one starts the design and development of a brand new product, one should first have a clear notion concerning the proprietary technology in and round the item to be developed. The definition of ’proprietary technology’ means the options that come with the product which have been protected by various
There is certainly tremendous danger if one launches a product with no freedom to use evaluation and search. Such case the newly launched product is quiet at risk of infringement suits which could jeopardize the business of the firm itself. Only at that period, the uncertainty involved with it and the cost related to data mining litigation, is generally lethal and the company may be forced by it to pull away itself from the company entirely. A very famous example which is frequently quoted to emphasis the significance of a liberty to run search is that of Business Intelligence Systems. The most useful method so would be to attempt a comprehensive Liberty to run analysis and search even before one starts making investments in setting up plants for production of the planned product. A ’liberty to run’ search and evaluation is just intended for the purposes of understanding the ’degrees of freedom’ that are offered to the product development team while designing and creating a brand new product in the marketplace.
The supreme aim of a product development team would be in the future out with a product that will not infringe a patent or a registered design. A ’liberty to run’ evaluation is but a kind of research that has to done with large amount of care and earnestness before undertaking any manufacturing activity. The details are provided by freedom to operate analysis based on which one can determine whether or not the proposed product or the present product can be made, used, offered for sale or sold without infringing yet another legal enforceable patent. In a normal complex business situation, coming across a purely non-infringing process or product is really a rare thing. In such instances, product development becomes a collaborative effort. Liberty to run evaluation gives a general idea in regards to the different players in a given product section making use of their specialties. The strategic decisions can be thus made by one regarding licensing, cross – licensing and forming strategic alliances with the other players on the basis of the findings of the liberty to run search.
Liberty to run evaluation must come from a completely independent patent attorney from outside the business. This ensures objective and unbiased evaluation. Moreover, a liberty to run opinion from an expert patent attorney can also be considered in the court of law through the infringement proceeding. You can thus use the ’Liberty to Run’ view from a lawyer as defense against the allegations of will infringement.