Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: iper on December 24, 2020, 09:40:44 AM

Title: What level of similarity determines the Freedom to Operate?
Post by: iper 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!

Title: Re: What level of similarity determines the Freedom to Operate?
Post by: Brad 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.