There are five key ways to carefully manage third-party patent, trademark and design rights. These strategies help prevent infringement and limit legal conflicts while ensuring innovation and market access.
- Modify your product, process or trademark (invent a work-around) to avoid (or reduce the risk of) infringement of a patent, design or trademark.
- Invalidate a patent, design or trademark in opposition or invalidation proceedings.
- Wait for a patent or design right to expire.
- Negotiate a licence or transfer of rights.
- Do nothing. Argue non-infringement or invalidity when the right holder commences an action against you.
