What Happens if a Patent Freedom-to-Operate Search Finds Potential Infringement?

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 ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty