The term “design around” is utilised in patents to refer to the creation of a product or process that achieves the same outcome as a patented item, but in a distinct manner that avoids infringement. The legal principle of equivalents is employed to determine if a product or process infringes on a patent by assessing whether it performs the same function in the same way to achieve the same result as the patented item. Additional legal doctrines include the doctrine of estates, which outlines land ownership duration, and the doctrine of necessaries, which holds parents or spouses accountable for purchasing essential items such as food and medical care for their dependents or partners.
The term “design around” is used in patents to refer to the process of developing a product or process that achieves the same function or possesses the same physical properties as a patented product or process, but in a manner that is sufficiently different from the original to avoid infringing the patent. This concept is also known as the doctrine of equivalents. For instance, if a company holds a patent for a specific type of smartphone screen, another company can utilise the design around approach to create a similar screen for their own smartphone without infringing on the original patent. By employing a different method that achieves the same function as the patented screen, they can avoid patent infringement. The doctrine of equivalents is a legal theory that allows for the identification of patent infringement even when the accused process or product does not fall within the literal scope of the patent claims. For example, if a company develops a product that is not identical to a patented product but performs the same function in a substantially similar manner, it may still be considered patent infringement under the doctrine of equivalents. To illustrate, if a company holds a patent for a specific type of battery for a smartphone, another company can create a battery that is not identical to the patented battery but achieves the same function in a substantially similar way. This could still be deemed patent infringement under the doctrine of equivalents.
Design around refers to the process of modifying or creating a new design to avoid infringing on existing intellectual property rights, such as patents or copyrights.
Design around is important because it allows individuals or companies to develop innovative products or designs without infringing on the rights of others. It helps prevent legal disputes and potential financial liabilities.
To determine if your design infringes on existing intellectual property rights, it is advisable to conduct a thorough search for relevant patents, trademarks, or copyrights. Consulting with a qualified intellectual property attorney can also provide valuable guidance in this regard.
Yes, modifying an existing design to avoid infringement is a common strategy employed in design around. By making significant changes to the design, you can potentially create a new product that does not infringe on existing intellectual property rights.
When attempting to design around, it is crucial to consider the scope and claims of the existing intellectual property rights, as well as the potential market impact of your modified design. Consulting with an intellectual property attorney can help you navigate these considerations effectively.
While design around can significantly reduce the risk of legal action, it does not provide absolute protection. There is always a possibility that the owner of the existing intellectual property rights may still claim infringement. However, a well-executed design around strategy can strengthen your defence in such cases.
Design around is not intended to invalidate existing patents. Instead, it focuses on creating new designs that do not infringe on those patents. If you believe a patent is invalid, you should consult with an intellectual property attorney to explore appropriate legal avenues.
The potential risks of design around include inadvertently infringing on existing intellectual property rights despite modifications, facing legal challenges from patent holders, or encountering unforeseen obstacles in the market. It is essential to carefully assess these risks before proceeding with a design around strategy.
While designing around significantly reduces the risk of infringement, it does not guarantee immunity from legal action. Patent holders may still claim that your modified design infringes on their intellectual property rights. It is advisable to consult with an intellectual property attorney to assess the strength of your design around strategy.
An intellectual property attorney can provide valuable guidance throughout the design around process. They can help you conduct thorough searches for existing intellectual property rights, assess the strength of your design modifications, and advise on potential legal risks. Their expertise can significantly enhance your chances of successfully navigating the design around process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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