Design around
Encyclopedia
In the field of patent
s, the phrase "to design around" means to invent an alternative to a patented invention
that does not infringe the patent’s claim
s. The phrase can also refer to the invention itself.
Design arounds are considered to be one of the benefits of patent law. By providing monopoly rights to inventors in exchange for disclosing how to make and use their inventions, others are given both the information and incentive to invent competitive alternatives that design around the original patent. In the field of vaccine
s, for example, design arounds are considered fairly easy. It is often possible to use the original patent as a guide for developing an alternative that does not infringe the original patent.
Design arounds can be a defense against patent troll
s. The amount of license fee that a patent troll can demand is limited by the alternative of the cost of designing around the troll's patent(s).
In order to defend against design arounds, inventors often develop a large portfolio of interlocking patents, sometimes called a patent thicket
. Thus a competitor will have to design around a large number of patents.
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s, the phrase "to design around" means to invent an alternative to a patented invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
that does not infringe the patent’s claim
Claim (patent)
Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application...
s. The phrase can also refer to the invention itself.
Design arounds are considered to be one of the benefits of patent law. By providing monopoly rights to inventors in exchange for disclosing how to make and use their inventions, others are given both the information and incentive to invent competitive alternatives that design around the original patent. In the field of vaccine
Vaccine
A vaccine is a biological preparation that improves immunity to a particular disease. A vaccine typically contains an agent that resembles a disease-causing microorganism, and is often made from weakened or killed forms of the microbe or its toxins...
s, for example, design arounds are considered fairly easy. It is often possible to use the original patent as a guide for developing an alternative that does not infringe the original patent.
Design arounds can be a defense against patent troll
Patent troll
Patent troll is a pejorative but questioned term used for a person or company who is a non-practicing inventor, and buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to...
s. The amount of license fee that a patent troll can demand is limited by the alternative of the cost of designing around the troll's patent(s).
In order to defend against design arounds, inventors often develop a large portfolio of interlocking patents, sometimes called a patent thicket
Patent thicket
A patent thicket is "a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology," or, in other words, "“an overlapping set of patent rights” which require innovators to reach licensing deals for multiple patents...
. Thus a competitor will have to design around a large number of patents.
See also
- Essential patentEssential patentAn essential patent is a patent which discloses and claims one or more inventions that are required to practice a given industry standard. Standardisation bodies, therefore, often require members disclose and grant licenses to patents and pending patent applications that they own and that cover a...
- Patent mapPatent mapA patent map is a graphical model of patent visualisation. This practice "enables companies to identify the patents in a particular technology space, verify the characteristics of these patents, and .....
- Patent thicketPatent thicketA patent thicket is "a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology," or, in other words, "“an overlapping set of patent rights” which require innovators to reach licensing deals for multiple patents...
- Patent trollPatent trollPatent troll is a pejorative but questioned term used for a person or company who is a non-practicing inventor, and buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to...
- WorkaroundWorkaroundA workaround is a bypass of a recognized problem in a system. A workaround is typically a temporary fix that implies that a genuine solution to the problem is needed...