Patent Attorney and Founder
How do I know if I’m infringing a patent?
Honestly, even lawyers and judges don’t always agree. So if you’re unsure, you’re not alone.
Still, there is a way to check. Start by going to the very end of the patent; that’s where the claims are listed. They’re numbered paragraphs that describe what the patent protects.
Now, here’s the key:
To infringe a patent, your product has to include every element listed in at least one of those claims. Think of it like a checklist. If the claim says:
“A pen comprising a tip and an eraser…”
…and your product only has an eraser (no tip), you’re not infringing. You’re missing something the claim requires.
But here’s a common mistake:
People think they can avoid infringement by adding something extra to their product. Nope. If the claim says A, B, C, D, and your product has A, B, C, D, and E, you’re still infringing. That extra “E” doesn’t get you off the hook.
You only avoid infringement if something from the claim is missing from your product.
That said, doing this on your own can be tricky. Some claims are super technical or vague. So it’s worth talking to a patent attorney to be sure. It’s better to know upfront than to face a lawsuit later.