Patent and Invention Help Forum

How different does my product mold have to be from another pending patent?


Hi all,

I am not trying to get my product patented, just want to see if I can even bring it to market first.

I have one competitor who has a patent pending on her silicone product. Mine is very similar and I haven't launched to market yet because of not knowing whether or not her patent will get approved. My question is, how different do our products have to be? It is a silicone spatula to apply diaper cream to a baby's bottom. Our products will be very similar in shape, size and purpose. The only real difference is a slightly different shape of the handle. They both have suction cups at the bottom and spatula shape on the top. Will it be enough if the molds are just slightly different?

I don't want to break any laws or get in trouble for selling something that is patented, (if she gets approval).



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Re: How different does my product mold have to be from another pending patent?
« Reply #1 on: November 11, 2016, 06:17:47 AM »
Hi Jen,

You will not be able to get a good answer online without an attorney actually looking at your device and the patent.  These types of legal opinions are called "freedom to operate opinions" or sometimes "clearance opinions" and can costs a few grand. 

Do you know of the other patent is a "design patent" or a "utility patent"?  Have you seen their patent application online? 
My free patent template:

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.