Review of a workaround

You would like to avoid the scope of protection of a competitor's technical property right.

It is first and foremost important to understand the independent claims of the right of immediate protection.

If the your soluion has the same features, it is necessary to modify the characteristics of the own developement so as not to intervene literally in the said patent.

Even if the features are modified, care must still be taken not to commit a patent infringement under the doctrine of equivalence. Such an infringement exists if a person skilled in the art regards the mode of action of the modified feature as having the same effect, findable and equivalent to the relevant feature of the said patent.

It is therefore necessary to modify the characteristics of the own solution in such a way that sufficient differences can be ascertained when checking a patent infringement. The purpose of the invention may also contribute to the same technical problem solution as long as the features achieve a different mode of action.

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