Can you file a design patent to protect from infringement?

Can filing a design patent protect you from infringement? It depends. Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle. You can own a patent and still infringe someone else’s […]

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How to design around patents

What is a design around? A design around refers to a product that has been intentionally designed or modified to avoid patent infringement. The goal of a design around is to reduce the risk of a patent lawsuit or, if sued, to avoid or minimize liability for infringement. In order to design around patents, you […]

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What is a freedom to operate (FTO) or infringement search?

What is freedom to operate or a patent infringement search? A freedom to operate search or review is basically an analysis to see if you can sell your product without infringing patents. Also known as an FTO review, the purpose is to assess the risk of patent infringement for a particular product or service. Those […]

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What is a (novelty vs. validity vs. freedom-to-operate) patent search?

What are different types of patent searches? A patent search can mean different things. So when you’re talking to a patent attorney about a search, you need to be clear about what you are looking for. There are 3 main types of patent searches: patentability search (aka novelty search); freedom-to-operate (FTO) search (aka right-to-use or […]

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