Patent Attorney and Founder
Hi, everyone! Let’s tackle a common question: How different does your product need to be to avoid infringing on a patent?
I’m JD Houvener, a patent attorney and owner of Bold Patents Law Firm. Over the years, I’ve helped inventors secure nearly 400 patents and written Bold Ideas: The Inventor’s Guide to Patents. Today, I’ll break this down in simple terms.
First, Understand Patent Infringement
A patent grants its holder exclusive rights to their invention. If your product includes every feature listed in a patent’s claim, it could infringe—even if you add new features.
Let’s use a practical example. Picture a travel mug with these patented features:
- A cup body
- A removable lid
- A sliding top to open/close the lid
- A metal ring that secures the lid to the cup
If your product has all four of these elements, it’s likely infringing—even if you add a handle or extra insulation. To avoid infringement, your product must omit at least one of the listed features. For instance, if your lid doesn’t have a sliding top but instead uses a rubber stopper, you’re likely in the clear.
The Fine Print: Claims Are Key
To understand a patent, start with its independent claims. These are numbered and appear at the end of the patent document. Each claim outlines specific components of the invention. All elements in a claim must be present in your product to establish infringement. If even one is missing, you’re on safer ground.
What Should You Do?
If you’re serious about launching a new product, take these steps:
- Search for existing patents. Know what’s out there.
- Consult a patent attorney. They can perform a “freedom to operate” analysis, ensuring your product doesn’t infringe on existing patents.
- Plan ahead. If your product may infringe, adjustments early on can save you time and money.
At Bold Patents, we specialize in helping inventors navigate these challenges. Our freedom to operate service ensures you’re clear to make, sell, and market your product without legal risk.
Ready to Learn More?
Check out our free Inventor Kit! It includes resources like patent search tips, drafting guidelines, and even a link to my book. Download it below to start your journey.
Thanks for watching! I’m JD Houvener with Bold Patents. Go big. Go bold.