Patent Attorney and Founder
I’ve heard that making small changes—like adjusting the length of a screw, its threading, or even moving it slightly—could be enough to avoid patent infringement. But if bigger modifications can still count as infringement, how is tweaking something as minor as a screw not? Does that actually hold up, or is it just a myth?
Good question. What you’re really asking is: How much can I change a product before I’m in the clear?
The short answer? It depends entirely on the patent claims—the part of the patent that spells out exactly what the inventor owns. If you’re trying to figure out whether your product infringes a patent, you don’t start with the description or drawings. Those help explain the invention, but they’re not what defines legal protection. The real focus is on the numbered claims at the end of the patent.
Let’s break it down.
Claims are written in a very specific way. Take a simple example:
- A machine with a base
- A fastening mechanism attached to the base
- The fastening mechanism allows rotation around an axis
Now, say one of the dependent claims specifies that screws can be used as the fastening mechanism. Does swapping screws for glue or bolts mean you’re safe? Probably not. If the independent claim just says “a fastening mechanism,” and your product still has any fastening mechanism, you’re likely still infringing.
So how do you avoid infringement? The key is to remove or change a core element of the independent claim. For example:
- If the claim requires the product to rotate around an axis, making it fixed could avoid infringement.
- If it must have a fastening mechanism, designing it to work without one could help.
This kind of analysis is highly technical, and before investing time and money into a product, it’s smart to get a freedom-to-operate (FTO) opinion from a patent attorney. That means having a professional review your product and the patents you’re worried about to determine if there’s a real risk.
If you’re serious about bringing something to market, this step is worth it—especially if you’re seeking investors. No one wants to pour money into a product just to get sued. An attorney’s opinion can provide confidence that you’re on solid ground.