Launching a New Chemical Product “at Risk”: Ethical and Legal Considerations (Chapter 12)

Launching a new chemical product “at risk” of infringing another's patent can be risky business, potentially raising legal and ethical challenges. These risks can be compounded when the product is being launched in several countries, each with its own unique set of patent rights and laws. This chapter begins with a discussion of patents and patent rights generally and explores the risks associated with marketing a new product without fully considering the relevant patent landscape. The chapter concludes with some best practices for developing an action plan for commercializing a new chemical product, with a focus on obtaining freedom-to-operate in all countries of commercial interest.