A freedom to operate opinion may be necessary to identify whether a planned activity will infringe existing Intellectual Property rights. For instance, the opinion may look at a patent and compare it to a product manufactured by or activity of a company. A freedom to operate opinion should provide a careful evaluation of a subject patent and compare it to the questioned product or activity. An opinion can be helpful for a business to decide if to proceed with the use or sale of a product or activity and can show that infringement, if later found, was not intentional, thus lowering the risk of exposure to enhanced damages. If you have any questions about freedom to operate opinions contact Fahey Business Law and Intellectual Property.
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