Its not a car question, however I could use some help

[JoshTex]

I'm looking for some direction regarding patent infringement. lol. Specifically, what is the percentage of change of an existing product does the "updated product" need to have to avoid infringement?

[AZhitman]

I just sent my boss an email - I think she deals in such matters (she's an attorney).

[The00Dustin]

An attorney response will be interesting to see, but based on the amount of patent infringement lawsuits going on between companies and the number of ridiculous patents I have seen Apple granted for technology created by a company that was owned by a university many years prior when said technology was created, I'd say you're looking at this wrong. That is to say patents don't cover products anymore like they should, they cover ideas. For instance, pinch to zoom in and out on a touch screen is a patent owned by Apple. So you could change a product 99%, and the one thing you didn't change might be patented and get you sued if you're successful. IMO, even if you're creating something you think is 100% new, you need to try to verify nothing about it is patented before you even try to sell it. IOW, you're screwed, don't bother, innovation is dead unless you are a large company because the patent system is broken. OTOH, I am not an attorney, and I am mostly risk-averse, so take my opinion with a few grains of salt, consider the facts regarding what patents cover and how (for instance, there are sites that show all of Apple's patents, search and you will most likely understand that I a right and you are looking at this from the wrong angle) and best of luck to you.

All of that having been said, If you are going to try to create something new (whether xx% changed from an existing product or not), I'd recommend trying to find someone more knowledgeable about inventing and patents before I started searching the web for anything about your idea since those searches could theoretically end up in the wrong hands, but then again, perhaps risk-aversion and paranoia go hand in hand.

One final thought, and this is probably a good one, if you are thinking of changing an existing product, maybe the way to go is to get patents on the ideas while legitimately planning on creating modification options for existing product and then perhaps try to sell that to the existing manufacturer before you start creating the modification kit (then, assuming the idea is marketable and good, which is where risk really comes in, create a business they'll have to buy for a lot more if they snub you). Even going that route, it wouldn't hurt to consult the appropriate kind of lawyer first, although you should be able to do it on your own with enough research.

ETA: Regarding that final thought, if the patent application requires a prototype for your type of patent, replace the word creating with mass-producing. On the other hand, if it is software, and the modification kit may break licensing or otherwise upset the manufacturer (think back to the legal controversy on rooting the iPhone), you may want to consult another lawyer before creating a modification kit to sell (due to stupid laws like the DMCA and the downward spiral we have seen since then).

[AZhitman]

Also, a good rule of thumb is this: Once Asia gets hold of it, all bets are off. They're proficient at jacking product designs and having an exact copy on the market within weeks.