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Navigating Freedom to Operate Issues for Startups: IAAE Workshop Gold Coast QLD

Learn about Freedom to Operate, the ability to develop and commercialize products without infringing on others' rights. Topics include patents, licenses, IP audits, and strategies to avoid infringement challenges.

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Navigating Freedom to Operate Issues for Startups: IAAE Workshop Gold Coast QLD

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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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