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The freedom to operate analysis usually entails two components. One is a search and the search is designed to uncover the patents that may relate to the product that’s being offered for sale. So first, you need to have a library of patents to consider, a library of patents as well as applications. And then you look at the claims in each one of those documents that relate to the product you’re offering and you compare it with the product that’s being sold or technology that’s being practiced. And it’s a study of the claims versus that of the technology being offered.
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Minneapolis patent lawyer David Black explains how the freedom to operate process works.