2 Ways To Prevent Patent Infringement

In our years of experience with patents, we’ve come across several companies who launch their products with excitement but soon end up in despair due to a cease and desist notice. Patent infringement lawsuits have the potential to bring about a financial crisis. This can be devastating for any business, especially small-sized. Learning to avoid patent infringement is crucial for individual inventors and entrepreneurs.

Patent infringement occurs when some or all of your claims are or have been in existence. Many inventors feel that modifying their invention by a particular percentage will help them avoid infringement. But, there is no such rule. How, then, do you make sure your invention is not infringing an existing patent? Steps to avoid patent infringement can be implemented right from the invention stage. Here’s how.

1. Take a Close Look at Your Claims and the Claims of Any Existing Invention

While your product may seem unique, it does not mean it is entirely novel. There could be some aspects, like its function or the composition, that may match an existing patent or prior art. Understanding your patent claims in relation to those of existing patents, patent applications, and prior art can help you prevent infringement. For example, an existing patent uses independent claims or claim limitations AB and BC. You are planning to launch a product with features ABCD. In this case, you may infringe both the existing patent claims. But, if you make a product with only feature A and C, then you may avoid infringement.

Patent claims and how they are interpreted can be incredibly complicated. Consultation with a patent agent can be helpful in the identification of infringement.

2. What If Your Invention Is Similar to an Expired Patent

You know a patent for an invention has expired and your invention is similar to that. You think there will be no infringement issues. But, are you sure? You may be able to make a product similar or same to that of an expired patent. The reason why the words ‘may be’ are highlighted is because there is no definite answer to this. Take, for example, an abandoned patent claiming feature A, B, and C and you wish to sell a similar product with the same features. What if the owner of the patent is able to revive it by paying a late maintenance fee? You may be dragged into an unwanted legal battle. Even if you are certain that the patent is dead, there are chances that the claimed features still exist in some other live patent. When focusing on expired or dead patents, care should be taken as there is no guarantee that the expired or dead patent does not infringe on a live patent.

Understanding patent claims and conducting searches may help you to avoid patent infringement. A patent agent’s guidance is highly recommended as they have the professional tools and knowledge to help you avoid infringement.