Is it possible to bypass design patent?



Recently I started small business of bracelet making and now I got told, that there's another company, that is making almost the same product and they have design patent for itIt's their bracelet And I'm making almost the same bracelet by myself, but it have one different knot and one mark is in different place attaching photo for itmy bracelet What do you think, do I brake the patent by making my bracelet?


Posted 2014-08-14T19:58:56.803

Reputation: 41

@Guest, So how did the case go? – Pacerier – 2015-10-11T17:43:01.813

Patents and design registrations cover a specific or countries. They have no effect outside of that. Are you making, selling, using or importing in a location actually covered by the documents you have been shown? – George White – 2014-08-14T20:51:29.507

1Yes, we are boath in the same area.. – Guest – 2014-08-15T05:33:28.980



Design law varies significantly from country to country and so it is impossible to answer this question with any precision. Design rights are generally based upon the look and feel of a product and in many countries the question considers whether a consumer would be confused about the origin of the product.

It generally works to avoid infringing another's design patent if you either:

  1. Base your design on prior art that came before your competitor's design.
  2. Modify your design so the difference between your product and the design right are readily apparent to consumers.

Dennis Crouch

Posted 2014-08-14T19:58:56.803

Reputation: 3 285

Isn't "whether a consumer would be confused about the origin of the product" a trademark thing? – Pacerier – 2015-10-11T17:42:40.690