Patent Design Arounds for Utility and Design Patents
Minimizing Infringement Risk, Reducing Likelihood of Competitor Design Arounds, Maximizing Chances of Covering Competitors’ Attempted Design Arounds When Drafting an Application

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Patent
- event Date
Tuesday, June 24, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide patent counsel on leveraging design arounds to reduce the risk of patent infringement. The panel will also discuss what counsel can do when drafting patent applications to minimize competitors' likelihood of designing around the patent, as well as maximizing chances to cover competitors' design arounds.
Description
When a patent owner is preparing to launch a product and discovers an existing similar patent, patent counsel should weigh several considerations. Counsel must consider whether there are elements they can do without that do not include all the same details, what can be altered or tweaked, and whether the owner of the potentially infringed patent by the client's product has pendency.
Likewise, when patent counsel is preparing a patent application, they should consider the possibility of design arounds and take steps to minimize the likelihood that a competitor can design around the patent. Additionally, during preparation of the patent application patent counsel can take steps to maximize the chances of covering a competitor's attempted design around.
The cost of executing a design around will vary. They will probably be less costly than damages for infringement or paying for a license. Further, design arounds demonstrate an intent to avoid infringement.
Listen as our authoritative panel of patent attorneys examines critical considerations when seeking to design around a patent and when patenting an innovation to minimize the likelihood of design arounds and maximize opportunities to cover competitors' attempted design arounds.
Outline
I. Using design arounds to minimize infringement risk
A. Specifications
B. Prior art
C. What can be altered/tweaked?
D. Are there elements that can be eliminated?
E. Continuation applications pending?
F. Legal opinions
G. Costs to license?
II. Drafting patents to reduce the likelihood of another party designing around the patent
III. Drafting patents to maximize the possibility of covering competitors' attempted design arounds
Benefits
The panel will review these and other key issues:
- What factors should patent counsel consider when seeking a design around of a valid patent?
- What steps can patent counsel take when preparing a patent application to reduce the likelihood of design arounds and increase the possibility of covering competitors' attempted design arounds?
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