Q: Starting a new business
I want to start a business on a product that helps sleeping anxiety in the singapore market.
I saw there is a similar product design has patent rights registered. How to avoid escalation from this original designer ? Does it mean that I cannot design a similar product? I wanted the same function but I would do a different design.
How differently must my product be in order not to be sued?
Below are the patent rights.
Products are protected by Pat.: 10,463,179, 10,842,202 & 11,116,338 and other protections
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A:
When considering entering the market with a product that serves a similar function to one with existing patent rights, it’s crucial to understand the scope and claims of the patents involved. A patent protects specific inventions or designs, so if you want to avoid legal issues, your product must not infringe on the patented claims. Reviewing patents 10,463,179, 10,842,202, and 11,116,338 will give you insights into what aspects are protected.
You can create a product with the same function, but it must have a different design or mechanism that doesn’t use the patented elements. This could mean using a unique technology, materials, or methods to achieve the desired outcome. Consider conducting a thorough patent search and analysis to identify the boundaries of the existing patents and find opportunities for innovation without overlap.
Developing a unique design and functionality reduces the risk of legal action from the original patent holder. However, it's wise to document your design process and consult with a legal expert to ensure that your product is sufficiently distinct and does not infringe on any intellectual property rights. This proactive approach can help protect your business and give you a clearer path forward.
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