IP Freedom

 

The ability to identify and assess actual and potential commercial threats and to neutralize them.

 

Freedom Study

We investigate the freedom to commercially exploit an idea.

The freedom study starts with a product clearance search in order to make an assessment of potential IP obstacles. The results of the product clearance search are analysed. IP rights such as pending patent applications as well as granted patent claims are studied against the client's idea features. The client is advised on existing IP obstacles and is presented with a concrete action plan to mitigate potential risks.

We proposes solutions by addressing the potential risks such as either eliminating the obstacles or alternatively working around the identified third party IP, or also proposing possible technology licensing or acquisition strategies in order to enable its client to produce, market, sell or use a product without the risk of infringing valid third party IP.

Product Clearance Study

15We perform a detailed search for patents and published patent applications in multiple technology areas and for the countries of interest to the client. Biip also performs a review of competitor websites, and an in-depth Internet search.
The objective is to ensure, starting from the client’s product features, that all freedom-to- market obstacles such as third party patents are identified and dealt with. Biip will advise on the nature and scope of identified freedom to market hindrances.

Invalidation

The objective is to invalidate a competitor’s patent by initiating a nullity suit or by filing an opposition against the grant of the patent. Therefore we perform a detailed, worldwide search for patents, published patent applications and non-patent literature including white papers, articles, Internet publications, etc.  The search results are analyzed in depth and used for attacking the patentability of the patent in suit.

Licensing / Cross-Licensing

We assist the client in determining whether there is a need for approaching  a third party in order to preserve freedom, and if confirmed, in negotiating a license on a valid and crucial third party’s right. In case the client on his turn owns a valid and crucial patent as well, BiiP will assist in negotiating and establishing a cross-licensing contract.