Patent design around projects

Having identified a competitor patent that contains claims blocking your preferred R&D activity, calls for action. Firstly, you would assess the scope and validity of relevant claims. If the claims do look valid, the options for avoiding patent infringement are licensing or design around.

Designing around an existing patent usually involves a method selected from the following :

  1.  Reducing the number of elements in the claims, i.e. skipping one or more limitations,
  2.  Substituting an element in the claims to avoid literal infringement,
  3.  Change a constitutive requirement of way/function/result to prevent infringement by technical equivalence.

We can assist clients in designing around third-party patents either as the supplier of possible solutions or together with your innovation and patent teams.

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