Avoiding infringing on other organization’s patents are conversely easy and difficult. For the most part, the day-to-day activities of a firm will not run into patent infringement. Business methods and processes, as discussed earlier, are un-patentable. It can be difficult to avoid the “doctrine of equivalents” should the organization be producing goods, as there is a gamut of patents that have been registered.
The division responsible for developing the goods is equally responsible for avoiding patent conflicts. The effort is largely comprised of informal searches and formal searches of the patent database. The effort begins with an informal web search on UPSTO for comparable ideas and products. Once found, note the claims and ensure that the organization’s product is not substantially equivalent to those claims. If any patents are found or if there is any doubt as to whether infringement will occur, a patent attorney should also be engaged. The patent provides the formal search and review. At this point, if one or more patents are being infringed upon, then the attorney and the organization can proceed with negotiating a license with the patent holder. If not, then the organization can proceed with the product production.
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