Rochester, NY asked in Patents (Intellectual Property) for New York

Q: How can I develop an app when there is already an app that has the same concept as mine and is patented?

1 Lawyer Answer
Kevin E. Flynn
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  • Pittsboro, NC
  • New York
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A: The answer is that you need to find a noun or verb in each independent claim of that patent that you do not have. Alternatively, you need to do some searching of prior art and find reasons why that patent should not have been issued as it was too close to the prior art.

This is hard work and you probably want to work with a patent attorney. You might also develop the app and only sell it in countries where the first inventor did not seek a patent.

See https://www.flynniplaw.com/services/legal-services/freedom-to-operate/design-around-guidance

I hope that this helps.

Kevin E Flynn

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