The wealth of patent literature in just the U.S., let alone the rest of the world, is almost incomprehensible to the non-practitioner. Sometimes, a client is interested in developing a particular technology or entering into a new technology field, but the client has only limited information about one or more competitor's patents that might present a hurdle towards doing just that.
By way of our freedom-to-operate (non-infringement) search, we help the client identify, review and fully understand the scope of the competitor's patent. We work with the client to identify key differences between the client's technology and the competitor's technology. If the differences are insignificant and infringement is likely but the client is still interested in entering into the field, we help the client design around the problematic claim(s) by creating new (or modified) technology not dominated by the competitor's patent. In other words, we help the client circumvent the third party patent.
We have successfully employed claim circumvention strategies on numerous FDA approved products.
