Do your products infringe a patent?

Where to start if you have been accused of patent infringement Disruptive and disconcerting – two of the most common emotions experienced by one accused of infringing a patent. Determining whether your products infringe a patent requires a methodical approach. A careful comparison of the patent claims and your accused products will help guide your […]

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Is one patent enough?

Why one utility patent might not be enough Obtaining a utility patent is no minor accomplishment. You likely had to respond to at least one Office Action and overcome claim rejections on multiple grounds. While congratulations are in order, you do not want to overlook the risk that competitors will find ways to avoid your […]

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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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How to read a utility patent

How to read a utility patent Utility patents can be confusing to understand. You have the claims which read like a foreign language, and the description which typically discloses details that are more specific than the patent owner would prefer. How do we make sense of these various parts of a utility patent? Let me […]

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How to understand patent claims

Understanding utility patent claims The claims are often the least understood portion of a utility patent, and yet they matter the most. Attempting to understanding utility patent claims can feel like learning a foreign language. There is a lot of funky claim language like “comprising,” “said” and “wherein,” not to mention the hierarchy of independent […]

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Should I have a patent infringement search conducted for a simple product?

What is an FTO search? Also known as a Freedom-To-Operate (FTO) or right-to-use search, a patent infringement search looks for patents that may cover a product or service. An infringement search involves a careful comparison of the patent claims to the product to be sold, as opposed to a novelty search which focuses on the patent drawings […]

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How to Avoid Patent Infringement

Will changing the product 10% to 30% avoid patent infringement? I think part of the reason why patents are undervalued these days is the growing myth that you can avoid infringing a patent by changing your product by, say, 10% to 30% (what does a 10-30% product modification even mean?). Unfortunately, such percentage changes will […]

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