A Legal Workaround to Patent Infringement: Design, Don't Destroy

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Spellbinding IP: Patent, Trademark, and Business Strategy

Julie King

131 episodes

1 day ago

Learn about important intellectual property and business law issues every small business owner needs to know about. Julie King is a licensed patent attorney who practices intellectual property, business, and estate planning law. She loves talking about how tools like patents, trademarks, copyright, trade secrets, and more can be used to protect a business and brand, be used to help them grow, and become highly valuable business assets on their own. Episode transcripts are available at kingpatentlaw.com/blog. VIDEO versions only on Spotify, YouTube, Substack, and at kingpatentlaw.com/blog.

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A Legal Workaround to Patent Infringement: Design, Don't Destroy

Spellbinding IP: Patent, Trademark, and Business Strategy

1 minute 20 seconds

6 days ago

A Legal Workaround to Patent Infringement: Design, Don't Destroy

Before you even start manufacturing, you find out your invention would be infringing on another patent. Your freedom-to-operate search revealed a competitor holds a patent on a core component. Now what? Don't Panic. Redesign!

The Choice: You face two options, and only one protects your long-term profit:

1. The Licensing Trap: Buy the patent rights, which can be expensive. Alternatively, pay a royalty to the patent holder for every unit you sell. This creates an ongoing cost and allows a competitor to profit from your success. There’s also no guarantee the patent owner will grant you a license or sell the patent rights to you.

2. A Legal Workaround: Work with your engineers and patent attorney to "design around" the blocking patent. By changing the component's structure, material, or function, you can often achieve the same result without infringing the patent’s claims.

The Lesson: The upfront cost of a redesign may be cheaper than the perpetual cost of a royalty. Designing your way out of starting an infringement battle is a worthwhile subject to look into.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

#kingpatentlaw #julieking #intellectualproperty #patent #patentinfringement