How can you bypass a patent?

When a company innovates, it may find itself up against a patent from a competitor that has a monopoly on the relevant product or process. How can you bypass this blocking patent?

The first video recorded with Sirris, Ludivine Coulon, patent attorney at Calysta explained the different ways of dealing with a blocking patent. It’s a complex issue that focuses on a question of risk management.

This second video explores one of the possible strategies, which consists of circumventing the troubling patent. 

The scope of the patentee’s monopoly is defined by the claims of the patent. To avoid being in breach of this, you have to go outside the scope of the claims. But this is not easy since their interpretation - their scope and characteristics - is not an exact science. A practical example will help us understand the reasoning behind it.

A patent will rarely be bypassed with a 100% degree of certainty, but it can definitely decrease the risk of infringement. It will often require the intervention of a patent professional.

Click here for more information on Sirris’s intellectual property services.