What is a "Freedom to Operate" (FTO) analysis?

An FTO analysis checks whether your product or technology infringes on any active patents in a specific market. It is crucial before launching a new product to avoid costly lawsuits.

Can I be sued for patent infringement in Georgia by a foreign company?

Yes, if the foreign company holds a valid Georgian patent (via national filing or PCT). Patent rights are territorial, so they must have protection specifically in Georgia to sue here.

What defenses are available against patent infringement claims?

Common defenses include proving non-infringement (your product works differently), invalidating the plaintiff's patent (lack of novelty), or claiming prior user rights.

Does Georgia have specialized patent courts?

Patent disputes are handled by general civil courts, but judges rely heavily on technical experts. Additionally, the Chamber of Appeals at Sakpatenti handles administrative disputes regarding patent validity.

Patent Infringement Defense in Tbilisi, Georgia

Patent infringement defense is one of the most complex and strategic areas of intellectual property law. When a company or individual is accused of unauthorized use of another person's patented invention, utility model, or technology, it can lead to severe financial and reputational damage. The law grants patent holders the exclusive right to prohibit the use of their invention, meaning that losing a dispute could result in a ban on manufacturing, selling, or importing products, along with significant damages. Patent infringement defense services involve the engagement of qualified patent attorneys and lawyers to develop an effective defense strategy. This may include proving that your product does not infringe the patent or countersuing to invalidate the plaintiff's patent entirely.

What Does Patent Infringement Defense Service Cover?

Specialists listed on Legal.ge offer comprehensive services in this field:

Non-infringement Opinion: Detailed technical and legal expertise to determine whether your product or method truly falls within the scope of the claims of another's patent.
Invalidity Defense: A counter-strategy aimed at revoking the plaintiff's patent due to lack of novelty or inventive step.
Prior User Rights Defense: Proving that you were using the technology before the priority date of the patent.
Negotiations and Licensing: Resolving disputes out of court, signing licensing agreements, or reaching a settlement.
Representation in Court and Sakpatenti: Protecting interests in civil courts as well as in the Chamber of Appeals of Sakpatenti.
Responding to Cease and Desist Letters: Preparing legally grounded responses to claims made by patent holders.

Real-World Scenarios Where You Need This Service

This service is critically important in the following scenarios:

Competitor Lawsuit: A competitor has sued you, demanding a halt to your production because they believe you are using their patented technology.
Product Export: You plan to export products to a foreign market but receive notice that a similar patent already exists there, barring import.
Customs Seizure: Customs authorities have detained your shipment upon the patent holder's request, and you need to prove the goods are not counterfeit.
"Patent Trolls": A non-practicing entity demands money for the alleged use of their patent. Aggressive defense is required.
Tech Startup: Investors require a "Freedom to Operate" guarantee ensuring your innovation does not infringe on third-party rights.