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What happens if you infringe on a patented design?

On Behalf of | Sep 8, 2023 | Intellectual Property, Patent Law

The visual appeal of a product is often just as important as its functionality. But when it comes to design, it is not always easy to draw a clear line between what is unique and what might unintentionally infringe on someone else’s intellectual property.

Design patents can help resolve this complexity by providing a legal framework for designers and creators to protect their original visual concepts. But what if you find yourself on the wrong side of a design patent dispute?

Legal notice and evaluation

If someone believes that you have violated their design patent, they will typically send you a legal notice outlining their concerns. This notice might demand that you cease production and sales of the allegedly infringing product. At this point, it is essential to seek legal counsel to evaluate the validity of the claim.

Legal defense

Once you have received a notice of design infringement, you have the option to defend your case. Your legal team will assess whether your design infringes on the patent in question. They will consider factors like the scope of the patent, the similarities between the designs and any prior art that might invalidate the patent.

Settlement negotiations

In many cases, parties involved in a design infringement dispute opt for settlement negotiations. This can save time and legal costs. Negotiations might result in an agreement where you pay royalties, change your design or cease production of the infringing product.


If a settlement cannot be reached or if you believe the infringement claim is unjust, the case may proceed to litigation. This involves presenting your arguments and evidence in court, where a judge or jury will make a final decision. Litigation can be lengthy and costly, so it is often a last resort.

Possible outcomes

The outcome of a design infringement case can vary widely. If the court finds in favor of the patent holder, you may have to pay damages, stop production or both. If the court rules in your favor, you will be cleared of infringement charges.

Design patents are a critical aspect of protecting creativity and innovation. It helps protect creative work against infringement. An unauthorized duplication of the design is a violation of intellectual property rights. It can lead to significant legal and reputational repercussions.