Can I sell my product without infringing someone else’s patent?
Minneapolis patent attorney Suneel Arora discusses how to sell a product without infringing a competitor’s patent.
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Phone: (612) 373-6951
So whether you can sell your product without infringing somebody else’s patent is a pretty important question to be asking and the thing to remember is that you have to ask that question regardless of whether you’re trying to get your own patent. Just the act of selling a product out in the market place there may be somebody that has a patent on one or more features of that product. So that question is the freedom to operate question that’s what its referred to in patent jargon, freedom to operate or FTO. And it’s an important question to answer because if you are selling a product into the market place without doing any kind of investigation as to whether there are other patents that might cover your product then you risk getting a patent infringement lawsuit filed against you. So that FTO analysis can be very detailed there are a lot of patents that are out there that have been filed especially in the last 10, 15 years there’s been a lot of patent filings that are out there. And there are non-practicing entities, entities that don’t actually even sell a product that have taken ownership of patents and are in the business of asserting patents against companies that are actually making and selling products out in the market place. So it’s an important thing to ask yourself before you’re selling a product is am I going to be infringing somebody else’s patent selling this product out in the market place?