How to Avoid Patent Infringement

Building a great product means nothing if it steps on someone else’s patent, and infringement can halt production and drain your budget in legal fees.

A freedom-to-operate mindset from day one is far cheaper than defending an infringement claim after you have already shipped and scaled.

How to stay clear

• Search patents before you build a new feature
• Run a freedom-to-operate analysis before launch
• Design around known patents where possible
• Document your independent development

What to do if a claim arrives

• Do not ignore it, deadlines matter
• Get experienced patent counsel immediately
• Assess the claims against your actual product
• Explore invalidity, design-around or licensing

Check the patent landscape before you commit engineering resources, and you avoid building a product you may be forced to stop selling.

Designing around safely

If you must work near an existing patent, a careful design-around can keep you clear while still solving the problem.

• Study the claims closely
• Change a claimed element
• Get a clearance opinion