Freedom to operate in the real world

freedom to operate

Where exactly is the limit between freedom to operate and prohibited activity?
Identify troublesome patents and operational faults. Assessing the actual risks you have to deal with.

Freedom to operate (or FTO) is the ability to perform a particular commercial activity (e.g. commercialize a product, provide a service, perform a manufacturing process or use a product) without “infringing” 3rd party’s valid IP rights.

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Filing a patent for cunning or broke people

…or how to pretend to have an IP (Industrial or Intellectual Property) strategy, especially when you do not have the means…

This is an unusual title for an article that answers some frequently asked questions, and highlighting patents’ unconventional practices. Be careful, unorthodox, naughty tricks are presented below…
I apologize in advance to the IP advisors, whom I am going to give cold sweats!

Most of the time, my speech is going in the favorable direction of patenting, where it is possible and relevant to the business development strategy. Indeed, the patent has undeniable advantages since you can get a monopoly on your invention. In terms of valuation or innovation dissemination, patent is the Grail.

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What is your soft or app worth?

software developer

“The greatest of all gifts is the power to estimate things at their true worth.”
translated from François de La Roche Foucauld, French writer of moralistic maxims

As you may know, softwares and applications are intangible assets and thus, they can contribute to a company (often start-up) capital or they can (must!) be estimated when negotiating with investors. Or simply, you have to transfer an asset to another company and want to integrate it in your books.

These intellectual property rights differ from others as music, videos, trademarks or patents. They are subject to maintenance and constant improvement, infringements are more difficult to detect, but they still have to deal with market and ROI issues. Therefore it is quite difficult to come to a consistent value, which has to be realistic and as far as possible, indiscutable.

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