To get around a patent, you need to focus on the claims of the patent. They define what is and isn’t protected by the patent. You also need to find all of the related patents. You may have only found one patent within a portfolio of patents. You need to avoid all of the independent claims in all of the related patents. Otherwise, you’re still liable for patent … [Read more...]
Avoiding patent infringement
Avoiding patent infringement involves analyzing claims of patent in the patent database and known patents for conflicts with your invention.
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You've decided to launch a product based on one that is already on the market. You investigate the existing product and find that it’s already been patented but the patent has expired. What should you do now? The big question is: Can you make and sell the same product covered by an abandoned or expired patent? The simple answer is YES. When a patent expires or is … [Read more...]
Here are 3 steps to check if a product is patented. You should complete all three steps even if you find a patent. The patent owner might have multiple patents that cover one product. Search the internet for any patent covering the product Look for all patents owned by the owner of the product Look for any patent marking on the product Find all patents related … [Read more...]
To avoid patent infringement, you need to take three steps: Look for relevant patents related to your product. Review the claims of those patents that you found. Modify your product to design around those patent claims to avoid patent infringement. Look for relevant patents related to your product Oftentimes, inventors show me their product which is based on a … [Read more...]
Patent litigation is a balance between validity and infringement In a patent infringement lawsuit, the patent owner must prove that the alleged infringer’s conduct or product is covered by the patent owner’s patent. To do so, the patent owner may have to broadly interpret their patent’s claims to find infringement. Unfortunately, in doing so, the validity of the patent … [Read more...]
Blurred patent scope good for both patent owner and accused infringer In Meadwestvaco v. Rexam (Fed. Cir., 2013), a perfume bottle manufacturer figured out how to hide a tube within a perfume liquid. The user doesn’t see an unattractive tube sticking down into the perfume liquid. The manufacturer achieved this by closely matching the refractive index of the perfume liquid … [Read more...]
Design patents protect ornamental features. The scope of protection is defined by what is shown in the drawings. In contrast, utility patents protect functional features. The scope of protection is defined by the claims. This distinction is simple to state but the ramifications are significant and sometimes confusing. Inventors will sometimes suggest that we protect a … [Read more...]
An opinion of patent counsel regarding patent infringement is relevant to the intent of an alleged infringer and may be useful to mitigate trebling of damages. This case expands the value of opinion of counsel to also mitigate liability for inducement of infringement. Patent infringement may be found through direct infringement. This occurs when a person personally makes, … [Read more...]