Patent circumvention strategy using TRIZ-based design-around approaches

This paper proposes guidelines for a systematic patent circumvention strategy utilizing innovation and TRIZ tools. It focuses on starting from a landscape of patents and claims of an existing patent to create solutions that circumvent this existing patent. Information gathered from various sources is used to create the landscape of patents and claims, and circumvention opportunities are categorized into three types of problems: Unnecessary elements, Types of limitations and Potential disadvantages. These types act as a starting point to guide the inventor through various recommended innovation and TRIZ tools in search to find new feasible and non-infringing solutions while taking infringement law into account. A case study is presented demonstrating the outlined strategy to circumvent a patent describing an incremental improvement of a Rzeppa constant velocity joint. © 2013 Published by Elsevier Selection and peer-review under responsibility of ETRIA.