Legal Definitions - design around

Definition: Design around is a term used in patents to describe the process of creating a product or process that performs the same function or has the same physical properties as a patented product or process, but in a way that is different enough from the original to avoid infringing the patent. This is also known as the doctrine of equivalents.

Example: Let's say a company has a patent on a specific type of smartphone screen. Another company wants to create a similar screen for their own smartphone, but they don't want to infringe on the original patent. They can use the design around approach to create a screen that performs the same function as the patented screen, but in a different way that doesn't infringe on the patent.

The doctrine of equivalents is a judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims. For example, if a company creates a product that is not identical to a patented product, but performs the same function in a substantially similar way, it may still be considered patent infringement under the doctrine of equivalents.

Example: Let's say a company has a patent on a specific type of battery for a smartphone. Another company creates a battery that is not identical to the patented battery, but performs the same function in a substantially similar way. This may still be considered patent infringement under the doctrine of equivalents.