Patent help and question

[lexman2020]

Hello Im new to the forum so sorry if I am posting this in the wrong area.

I have created something which is some what original, but it does have certain parts that was patent. Well i think it is patent as i see a patent number. 

The current patent is here, its a holster type device that holds a cell phone and wallet.  http://www.google.com/patents/USD707961

I created something similar that is a holster, but my creation will be holding something totally different. the only thing that looks the same would be the type of straps used within the holster.

i guess my main question is, how much different does your idea have to be to be considered yours. And the idea isn't infringing on anything?


thank you, and again i hope i am in the right place, if not my apologies,
 

[Brad]

Hi,

It looks like you have two questions.  My response in red font below.

1)  How different does your invention have to be to get your own patent allowed?
This is tough.  The rules state your invention has to be new and non-obvious to get your own patent allowed and sometimes it depends on the actual patent Examiner that is working on your case.  Some Examiners may allow a patent with only very small changes while other Examiner's may reject it.  From what I have seen, if you have 2 or more unique features or components on your invention that the other inventions do not have then this may be enough to warrant filing your own patent.  If you are only making minor changes like making something smaller or bigger or removing a non-essential piece than those changes may not be enough to get your own patent allowed.

2)  How do I know if I am infringing on anything?
That is a legal question that we cannot answer here and you should check with a patent attorney who specializes in those matters.  In general, one would look at the patent claims of an issued patent to see if their product also has each and every feature listed in the patent claims.