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Patent infringement occurs when someone sells, imports, uses, or manufactures a product/invention that was invented by someone else without authorization. Patent infringement is simple to commit because mostly patent information is open to the public and available to everyone. Any person or entity wishing to commercialize or invent a product/ technology must first undertake a survey or screening process throughout the product development phase.
It is unlikely that all similar inventions will infringe on one another. When things appear to be the same, but the elements and functionality don’t match up. Just because someone creates a product that looks similar to someone else’s doesn’t guarantee they’re infringing.
It’s difficult to infringe on a patent. Your idea’s components would have to be compatible with a patented invention. However, it is possible to be blindly inspired by an existing idea and end up in serious difficulties. To avoid patent infringement, always do your analysis (hire an attorney to do it for you) and be willing to make enough basic changes to your innovation to assure that you’re not violating any patent laws.
It is usually preferable to have a clear understanding of the potential risks before proceeding. The cost of fully understanding the potential for patent infringement and knowing what you’re up against is very low. Patent concerns are unavoidable, and it is always best to tackle them head on and at the appropriate moment. For entrepreneurs and small firms, patent infringement can be a worrying sign. However, with some guidance from your patent attorney and the methods outlined above, you should be able to considerably limit your chance of infringing on another company’s patent.