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My company wants to license patented technology to give us a cutting edge over our competition. Are we free to use the patented technology?
U.S. patent laws only grant to the patent holder the right to exclude others from making, using, selling, or importing into the U.S. patented technology. A U.S. patent does not grant the patent holder the right to practice the patented technology. Therefore, it is important to make certain that your company is free to practice the patented technology in view of all other patents, not just the immediate patents offered in the license, or obtain the appropriate licenses to practice such technology. Thus, evaluation of any offer to license patented technology should include a due diligence review.
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