Pardon me, but I don't want to Infringe...

[Dana97]

What is the name of your state? Florida

I have come up with a great ideat that I am interested in marketing and to date cannot find this item in the seller's market. Today in a search of the USPTO, I found that my idea was already patent by someone else two years earlier. The concept is the same - same purpose, same methods used to reach the same outcome, same material used to reach the desired outcome; although the design is completely different. Also, the patent invention handles one at a time, where mine would/could handle more than one based on the different design and modified output of the material used for the same outcome.

Would this still be considered patent infringement? How can I protect myself from not infringing on another's patent?

I see all the time new inventions in the market and then slightly modified versions are sold in competition (such as the Swifter Sweeper, now the Clorax Mop)- so I know it can be done but I am not finding my specific answer on the internet. Any help would be utterly appreciated. Thank you!

 

[divgradcurl]

Would this still be considered patent infringement?

Maybe. Generally, a patent covers what is described in its claims, as well as any equivalents -- subject to some limitations. Is your invention an equivalent of the patented invention? Who knows -- what you really need is to have an experienced patent attorney review the patent and review your invention, and give you an opinion as to whether or not your device is likely to be found to be infringing on the patent.

How can I protect myself from not infringing on another's patent

It's tough to protect yourself completely, since a patent holder can sue anyone for infringement. If you have an opinion from counsel that you are not infringing, that will greatly reduce the likelihood that you will be sued, and can help you out in court if you are later sued.

I see all the time new inventions in the market and then slightly modified versions are sold in competition (such as the Swifter Sweeper, now the Clorax Mop)- so I know it can be done but I am not finding my specific answer on the internet.

A slight modification may be enough to get you out from under a patent, or it may not -- it depends on how a patent is written. A patent typically covers whatever is described in its claims, as well as equivalents -- although there can be exceptions and limitations.

Your best bet is to talk with a patent attorney who can review all of the facts.