How do you bypass a patent?

To avoid lengthy and expensive patent litigation, the company should at least consider potential modifications to the product’s design avoiding those patents, typically called “design-arounds.” The first step in avoiding patent infringement is obtaining knowledge of the patents that may be infringed by the product you …

How different does a product have to be to get a patent?

3 Answers. If an invention is not exactly the same as prior products or processes (which are referred to as the “prior art”), then it is considered novel. However, in order for an invention to be patentable, it must not only be novel, but it must also be a nonobvious improvement over the prior art.

What is claim differentiation?

Doctrine of Claim Differentiation is a canon of construction used in Patents law. The doctrine in its broadest reading provides that no two claims in the same patent should be interpreted to cover the same thing. It is presumed that each claim in a patent is different in scope and meaning from all other claims.

How detailed does a patent have to be?

The description of your invention must be detailed enough that it is clear that you actually possessed the invention at the time your application was filed, i.e. that you are not claiming more than you actually invented and appreciated at the time.

Can you modify a patented product?

If the original product is patented (and unexpired), you may nevertheless sell your “modified” version of the product AS LONG AS YOUR your “modified” product does not “infringe” the original product’s patent. In addition, there is no specific percentage that a person can modify a product in order to avoid infringement.

Is Prologue a part of patent document?

Prologue is not part of Patent A patent specification discloses the details of the invention for which patent protection is sought. The formal liberties in a patent are established on the acknowledgment prepared in the specification. The detailed specification has the subsequent elements: Title of invention.

What three criteria must be satisfied in order to obtain a patent that is not a design patent?

Patent applications must satisfy the following three criteria:

• Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
• Inventive step. This means that your product or process must be an inventive solution.
• Industrial applicability.

Can I change a percentage of a product to avoid patent infringement?

Some people believe that changing a certain portion, such as 10 or 30\%, of a product will avoid patent infringement, but this common belief is a myth. There is no such rule in the law that allows you to change any percentage of a patent’s protected features and escape infringement allegations.

What is the worthiness of a patent having a variation?

Worthiness of a patent having a variation (marginal/drastic) can be gauged in different terms. However it is advisable to gauge worthiness of patent in terms of technological advancement, consumer demand and monetary benefits. For a proposed invention to be patentable it has to fulfill novelty and non-obviousness criteria.

What are the most difficult determinations in patent law?

As can be imagined, the determination of whether a particular change or improvement is “obvious” is one of the most difficult determinations in patent law.

How do you determine which patent is closest to an invention?

In order to make such a determination, an examiner in the patent office will normally review previous patents to find those patents which are closest to the invention in which a patent is sought.