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What happens if I put the (+) and (-) in squares ([+] and [-])?
by ahmedfromtunis 11y ago
What happens if I put the (+) and (-) in squares ([+] and [-])?
- josaka 11y agoPossibly no infringement. Design patents are easy to design around. Just change the design. The real threat is when the plaintiff can get back damages for pre-suit infringement. You can't do anything about your previous use of the design, and the exposure for infringement is much higher that utility patents: loss of profits, rather than just a reasonable royalty. Whether you can get pre-suit damages depends, usually, on whether you gave some kind of notice, e.g., a letter to the defendant or marked your product "protected by patent XYZ."