Question
We have a solid user base, mostly SMEs from a specialized industry, who use our scheduling and logistics tools. We want to expand and add CRM services to the product line-up, but a quick search shows lots of patents owned by major CRM providers (Salesforce etc). Is it even possible to enter the market without risking lawsuits or paying large sums in licensing fees?
Answers: 1 public & 0 private
You need to do two things:
1) You need to have a freedom-to-operate search done of existing patents and patent application publications for pending patents to see if there are any patents, or potential patents, that your new technology may infringe.
2) You also need to have a patentability search done - which can probably be done in conjunction with the freedom-to-operate search - in order to determine which patents disclose technology that is closest to your technology in order for you to determine the likelihood of obtaining your own patent for your technology.
You will need to consult the proper patent professionals in order to have such searches done. Note that, as a rule of thumb, if you uncover patents where you may infringe the claims of those patents, those patents will also likely be the closest to your technology and are the patents that you need to pay closest attention to in order for you to possibly distinguish your technology in order to obtain your own patent. A patent professional can sort through all of the patents and advise you accordingly.
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