Reading a competitor patent without panicking

Four checks in order

Is it granted? A published application is not an enforceable right, and its claims frequently change before grant. Check the status, not the document type.

Is it in force where you sell? Patents are territorial and lapse for non-payment of renewals more often than people expect.

What do the granted claims say? The title and abstract are search aids and have no effect on scope. Read the independent claims.

Does your product meet every feature? If any feature of an independent claim is absent, that claim is not infringed.

If it does read on your product

You have five options and all of them are legitimate: design around it, license it, challenge its validity, buy it, or proceed with the risk priced and understood.

Before choosing, read its prosecution history. Whatever the patentee argued to get it granted limits what they can now assert - and that file is public. It frequently contains the best non-infringement argument available.

Do not stop the project on a first reading. Do not ignore it either.

What to actually do

• Check status and territory before reading the claims.
• Read the independent claims, not the title or abstract.
• Read their prosecution history - it is public and often decisive.
• Design-around, licence, challenge, buy or price the risk: five real options.