Product Clearance & Freedom to Operate

Because today's high-margin products become tomorrow's commodities, the process of innovating and bringing new products to market is vital for the continued health of a successful business.

However, competitors and would-be competitors secure intellectual property rights of their own.  These rights need to be researched and considered before a client commits significant capital to a project.  Pauly DeVries Smith & Deffner is skilled at investigating the intellectual property portfolios of competitors in order to help the client bring new products to market (product clearance).

These efforts inform our clients of the identity of the players in a given market and the scope of those players' rights.  The results of these analyses are produced in a format that is easy to understand for both technical and business leaders.  We often also offer ideas regarding directions for further development.

When relevant third party patents are identified, our professionals work to provide the best solutions for our clients to move forward including, where appropriate, non-infringement and invalidity opinions, advice on alternative non-infringing designs, and options for seeking formal invalidation of third party patent claims.