If the patent freedom-to-operate (FTO) search reveals a concerning patent, your invention may be in danger of infringing, the situation is not hopeless. This is where the magic of “design around” comes in.
We point out the potential infringement and discuss with you how intentionally modifying your product to omit or change at least one element of the independent claim that may be infringed can avoid infringement while achieving the desired result.
Here’s a quick example. If a patent protects a “three-wheeled wagon with a red handle,” you can create a non-infringing “four-wheeled wagon with a blue handle.” You achieve the same goal, a pull-wagon, but legally sidestep the patent infringement claims.
If infringement is possible, a successful design-around strategy creates a better, legally sound product.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.
If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.
