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  /  Corporate Law   /  Sme’s And Opportunities Available In Patent Limitations

Sme’s And Opportunities Available In Patent Limitations

At an early stage, when small and medium enterprises want to develop or launch their new product/idea into the market, it is important to avoid and make sure the whole process does not infringe others of their rights. In other words, It means that, it is important for a company to secure their freedom to operate.
But how can they do that?

This usually begins by conducting a search over the available issued patents that relate to their product. Also, it is important to get a legal opinion from experts such as Intellectual property lawyers or patent specialists on whether the product or the launching process may amount to infringing others of their rights.

When conducting a search, it is important to note that Patents have limitations but these limitations can also be opportunities for small and medium enterprises (SME’s).
Usually, patent protection is territorial and this can be an opportunity for small and medium enterprises to operate freely in other countries where the patent is listed in the public domain. In such countries, permission will not be needed from patent owners to exploit or commercialize the product.

Also, patent protection goes up to a maximum period of 20 years. This means that after the period elapses, they fall into the public domain allowing others to freely use without permission from the patent holder. Small and medium enterprises can use this as an opportunity in developing their new products from patents available in the public domain.

Further, when you look at the claims in a patent document, they usually depict the scope of protection to be provided for the patent. Aspects not covered or addressed in the claims are not protected. However, small and medium enterprises have to be careful in interpreting the scope / claims and if possible conduct a thoroughly analysis on the whole application process.

Therefore, it is important for small and medium enterprises to consider their options at the development/early stage of growth of their business. Determining their freedom to operate and using the available opportunities may be a way to minimize the risk of infringing others’ patent rights.

 

NB: This article is meant for educational purposes only and should not be used as legal advice. For more information or further queries write to us : info@qcc.co.tz or visit our website www.qcc.co.tz.