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New and a solution to a technical problem
HOW TO CREATE A PATENT
ASSESSING PATENTABILITY AND AVAILABILITY
1 2 3 Searching the «prior art»
Any patents, publications, newspaper articles, scien- tific papers, broadcasts, etc. that disclose your inven- tion or something similar would hinder the patenta-
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Assessing Freedom to Operate
The grant of a patent gives the patent owner the right to stop others from copying or making use of your patented invention, but it is not a right to use the invention. For example, a new invention may
By challenging the validity of the patent. By means of negotiation:
bility of your invention. Before a patent application is filed or even before more research & development efforts are made you should consider searching for the prior art. Because prior art includes all public disclosures in any form, language, at any time in the past and anywhere in the world, searches can never be exhaustive and there will always be a risk that a prior invention was not spotted. Knowing your tech- nical area and using specialized databases, as well as specialized searches (e.g. patent searches) will help to make the final decision of filing for a patent.
Contact Group Legal & IP to assist you in the search process.
encompass some technology patented by others that is needed to use the own technology . Without the authorization of the respective owner a use of the own invention would be an infringement of the pre- vious patent.
A Freedom to Operate (FTO) analysis will help to assess if blocking patents exist.
1 2 3 Clearance
If the patent search reveals that one or more valid patents block a company’s «freedom to operate» , it may still be possible to get some obstacles removed:
• Purchasing the patent • Licensing in
• Cross-licensing
By means of modification: • Inventing around
For internal use only
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