Patents prohibit a party's competitors from producing, selling or using the protected invention. However, holding a patent does not automatically confer to the owner the right of producing, selling or using their invention since some aspects may be covered by third-party patents.
In the evolution of a new technology, the first key features thereof are often protected by an initial patent, which confers to its owner protection for 20 years. During this period, other parties may invent improvements and protect them by filing additional patents. However, such patented improvements may fall within the scope of the initial patent. Also, some features of the developments may be protected by other existing patents, sometimes in another technological field (eg, the material, a small part, or the way in which several parts cooperate together).
Therefore, just because these improvements are patented does not mean that the owners of such patents can use them freely. Where a patent owner wishes to produce, sell or use its invention, it must carry out research to determine whether it has the required freedom to operate.
