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Simple English definitions for legal terms
design around
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A quick definition of design around:
Design around is a term used in patents to describe making something that does the same thing as a patented product or process, but in a different way so that it doesn't infringe on the patent. The doctrine of equivalents is a legal theory used to determine if something infringes on a patent by looking at whether it performs the same function in the same way to get the same result as the patented product or process. Other legal doctrines include the doctrine of estates, which explains how long someone can own land, and the doctrine of necessaries, which holds parents or spouses responsible for buying things like food and medical care for their children or spouses.A more thorough explanation:
Definition: Design around is a term used in patents to describe the process of creating a product or process that performs the same function or has the same physical properties as a patented product or process, but in a way that is different enough from the original to avoid infringing the patent. This is also known as the doctrine of equivalents.
Example: Let's say a company has a patent on a specific type of smartphone screen. Another company wants to create a similar screen for their own smartphone, but they don't want to infringe on the original patent. They can use the design around approach to create a screen that performs the same function as the patented screen, but in a different way that doesn't infringe on the patent.
The doctrine of equivalents is a judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims. For example, if a company creates a product that is not identical to a patented product, but performs the same function in a substantially similar way, it may still be considered patent infringement under the doctrine of equivalents.
Example: Let's say a company has a patent on a specific type of battery for a smartphone. Another company creates a battery that is not identical to the patented battery, but performs the same function in a substantially similar way. This may still be considered patent infringement under the doctrine of equivalents.