Adli Advises: How much does a product need to be changed to avoid an existing design patent?

For example, there is a patent for a double ended tool with wax on one end and a pointed tip on the other that is designed to pick up rhinestones. The patent specifically talks about double end. What If my product only has one end? Is that enough to not violate it?

Adli’s Answer: First, it is not clear if you are referring to a design patent or a utility patent. A product utility patent covers the product’s structure, operation, function or use. A design patent, on the other hand, covers the decorative, ornamental aspects of a product. From the question asked, it sounds like your product is a utility patent. Regardless, there are two aspects of your question. First, does the patent for the double ended tool cover your product? If the answer is no, then the next question is whether your design is sufficiently different from the prior art (what came before) to qualify for patent protection in and of itself. These are determinations which need to be made by a patent attorney. I am available for a free consultation should there be any additional questions at (213) 623-6547.

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