Patentability and Freedom to Operate

August 18th, 2011 | Uncategorized | SK | Comments Off

I just learnt that patentability and freedom to operate are different in the intellectual property (IP) world.  Patentability means that whether a design, product or method satisfies a certain conditions to quailfy for patent protection.  An IP lawyer can best give guidance on this.  The way I understand is that to gain a valid Patent the invention must be new (novel), involve an inventive step or be non-obvious, and be capable of industrial application. Some countries have specific exclusions preventing things from being patented.

Freedom to Operate (FTO), usually means whether a particular action, such as testing or commercialising a product, can be done without infringing valid intellectual property rights of others.

I am not an IP lawyer, so talk to your IP lawyer to know these terms better and how it affects you and your business.

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