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Design around

As a business, you will prefer to offer products and/or services without infringing third-party patent rights. Conversely, as patent holder, you will want the broadest possible protection for your creations, and you will also want to be able to take action against competitors who may intentionally deviate to a minimal extent from your patented inventions. These are the two sides to the question concerning the scope of protection, in other words whether it is possible to “design around” an invention.

The situation becomes more complex if a large number of patents exist in the domain in which you are active. In such a case, considerable creativity will be required to find an effective “design around”, and such a finding may possibly result in a new patentable invention.

Estimating the scope of protection of a patent requires specific technical and legal expertise, wherein account must be taken of the prior art in the specialist field concerned and the applicable legal and jurisprudential provisions. Arnold + Siedsma patent attorneys can help you to define the scope of protection of your patents, or those of your competitors, so that you can take technical and strategic decisions with sufficient knowledge of the legal background.

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