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Designing Around Patents - How to avoid patent infringement

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Patent Insanity

Patent infringement can be avoided by designing around the problem patent. Designing around requires analysis of your prospective product to see if the claim limitations of the patent independent claims read upon (i.e. are present within) your product. Designing around can be achieved by removing a claim limitation or by substituting a claim limitation. However, the analysis must be done for both literal infringement, and infrignement under the Doctrine of Equivalents (DOE).

Timecodes

0:00 Introduction
0:18 Designing around a patent requires analysis of the claims
0:49 You want to avoid infringing literally and under DOE
1:11 Literal infringement analysis
1:29 We look to our product for presence of the claim limitations
2:27 Elimination of a claim limitation
3:45 Doctrine of Equivalents analysis
4:47 More about the Doctrin of Equivalents
5:17 Subsitution of an element
6:36 Doctrine of Equivalents analysis in a substitution example
7:10 Summary of Designing around
7:40 Patents usually have 3 independent claims
8:45 Dependent claims
9:56 Conclusion regarding dependent claims

DISCLAIMER: The information contained in these videos is for information, educational and entertainment purposes only. IT IS NOT LEGAL ADVICE. Consult an attorney regarding your specific legal situation.

Cygan Law Offices PC is an intellectual property law firm founded in 2010 and provides patent, trademark and other intellectual property law services to businesses including startups, solopreneurs and independent inventors and product developers.

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posted by moulinaventbw