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Freedom to operate issues for startups

Freedom to operate issues for startups. IAAE pre-conference workshop Gold Coast QLD :: 12 August 2006 Carol Nottenburg PhD JD. Freedom-to-operate (FTO). What’s FTO? Ability to research, develop, and commercialise a product without infringing on someone else’s rights.

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Freedom to operate issues for startups

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  1. Freedom to operate issues for startups IAAE pre-conference workshop Gold Coast QLD :: 12 August 2006 Carol Nottenburg PhD JD

  2. Freedom-to-operate (FTO) • What’s FTO? • Ability to research, develop, and commercialise a product without infringing on someone else’s rights

  3. Ways that rights are conferred • Patents, plant breeders’ rights • Material transfer agreements (MTAs) • Licenses, including “shrink-wrap” contracts • Technology and research agreements • Genetic restrictions (e.g. GURTs, hybrids)

  4. Need for FTO Analysis • Ability to sell commercialised product • Patent owner can exclude you from making, using, selling, offering for sell, or importing her patented invention or product of patented method • Research and development planning • Identify potential partners • Obtain funding or investments

  5. IP Audit • Review all contracts and licenses for limitations • employment Ks • grants from funding agencies • MTAs • collaborative agreements • Patent landscape analysis of technologies used

  6. Technology landscape analysis • Determine technology area at issue • Search for IP rights that control technology • Identify patent owners, other key players • Predict probable meaning of patent claims • Determine relevance to start-up • Monitor pending patents and update search and analysis

  7. Find ways to avoid infringment • License technology • Use alternative technologies • Partner / collaborate / merge with others • Confine R&D and commercialisation to countries without patents on technology

  8. Major challenges and strategies • Education about patents, contracts, licenses, • Understand your rights • Know when / why you need to obtain a license • Enhance negotiation skills • Decide what you want and what you are willing to give up • Get assistance • PIIPA: public interest IP professionals helping in IP matters of LDCs; www.piipa.org

  9. Thank you www.cougarlaw.com info@cougarlaw.com

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