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If freedom to operate exists for a product, does it mean that the product is patentable as well?

BananaIP Counsels > If freedom to operate exists for a product, does it mean that the product is patentable as well?

If freedom to operate exists for a product, does it mean that the product is patentable as well?

If freedom to operate exists for a product, it doesn’t necessarily mean that the product is patentable as well. nnIn order to understand the logic behind the answer, one has to be aware of the various scenarios under which freedom to operate for a product might exist.nnFurther, it must be noted that freedom to operate is jurisdiction specific, for example, freedom to operate for a product might exist in India and not in US. nSome of the scenarios under which freedom to operate for a product might exist are listed below: nn• The product has been disclosed in an expired patent. In this case, freedom to operate for the product will exist; however, the product might not be patentable.n• The product has been claimed in an in-force patent in a certain jurisdiction (example: US) and no such relevant patents have been granted in another jurisdiction (example: India). In this case, freedom to operate will exist for the product in Indian and freedom to operate for the product will not exist in US. Further, in this case, the product will not be patentable.n• The product has been disclosed in a patent document, but not claimed in the patent. In this case, freedom to operate for the product will exist; however, the product might not be patentable.n• The product has been disclosed in a non-patent document. In this case, freedom to operate for the product will exist, however, the product might not be patentable. n• Element(s) of product has not been disclosed. In this case, freedom to operate for the product will exist, and the product might also be patentable (if it fulfils patentability requirements). n