If a clearance search and freedom to operate opinion reveals potential infringement with an existing patent, all is not lost. There may be a “design around” strategy for achieving the same functionality without infringing the specific claims in the existing patent.
When designing around a patent, you and your patent attorney take a close look at the limitations of the existing patents in the space. In identifying the limits of what is already protected, you are able to design a product that stays outside of the scope of others’ patent rights.
Of course, the sooner you are aware of potential infringement issues, the better. A landscape search at the very beginning of your product development cycle helps identify the general state of the art in a given field and allows you to find the white space into which to steer your product development while avoiding infringement.
If you would like to develop a proactive non-infringement strategy, please contact RPL to speak with an experienced lawyer.