Are you unaware that you are infringing upon an Intellectual Property? What if others are infringing on your patents or industrial designs?

At Clarke, Modet & Cº we carry out in-depth studies, both as regards the legal status and the technical content of the patent which helps to identify rights that have potentially been infringed. 

Our team is expert in searching for and analyzing information that identifies possible obstacles for the concession of patents through the most advanced Intellectual Property databases worldwide as well as national and international scientific literature. 

The “Freedom to Operate” (FTO) report offers a legal opinion, in technical terms, regarding whether the production, use, sale or import of a product in a specific geographical area may infringe the Intellectual Property rights of third parties.

Our experts check the potential infringement of the technology in question, and the validity and status of the patent documents in order to present a full report of the risks related to the patents granted and the potential infraction of the patent application.

The Freedom-to-Operate report is an assessment on the free commercialization of a technology in a specific country, ensuring that its commercial production, sale and use of the product, process or service does not infringe on the Intellecutal Property rights of third parties.

In order to know whether patents can be used in other countries without infringing third party rights, searches for equivalent patents make it possible to locate patent families within a certain field.

Our local knowledge makes us experts in the search for equivalent patents in Latin America. Through searches for equivalent patents, you will be able to design your commercial strategy and the entrance into new markets, taking safe decisions to avoid any potential infringements on third parties and procession of opposition as well as, detecting the reasons to invalidate the exclusive exploitation of a possibly erroneously granted patent.

In the event of an infringement, we advise you on the most suitable action to reach the most satisfactory solution.