Patent Myth Busting

There are quite a few common misconceptions regarding patenting. Here, we address a selection of myths which are observed on an all-too-regular basis, and provide some tips on how to better work with the system.

Myth 1: Changing a product by 15% gets around a patent

It's a common misconception that changing a patented product by 15% gets around the patent protection. This could not be further from the truth. Patents protect a product by defining the underlying invention in terms of "essential features". If those essential features are present in a competing product, then the patent has not been avoided, regardless of how different the patented and competing products may seem. It is often possible to develop workarounds to avoid third party patent rights. However, that should be achieved based on a detailed analysis of patent claims. Simply re-designing a copied product to not resemble the original rarely has the desired effect.