Patent and Invention Help Forum

What level of similarity determines the Freedom to Operate?

iper

What level of similarity determines the Freedom to Operate?
« on: December 24, 2020, 09:40:44 AM »
Hello

If I patent a device that is quite similar to another device or a more specialised version of another device, does that mean that if I commercialize my device, I will have to obtain permission or pay royalties?

How different one device needs to be so that I can have the freedom to operate?

Thanks!

Brad

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Re: What level of similarity determines the Freedom to Operate?
« Reply #1 on: January 05, 2021, 05:20:22 PM »
You would have to carefully read through their approved claims and look at each claim term and limitation in their claims.  If your product/device does not use every one of those features from their claims you may not overlap with their patent.

*Warning/Disclaimer:  This is a very complex area of patent law and my advice here is not legal advice.  Please check with a registered patent attorney for specific analysis of your situation. 
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