If I file a utility patent on a product, how safe am I from having someone else mimic my idea?
Say I patent a product and it is selling fairly well.. although I have a patent on my invention is it possible for a competitor to borrow my idea and blatantly change one minor detail in order to avoid infringing on my rights? Or have they already dealt with similar issues and forbid making any product that even resembles one that is patented?
Filing a patent application, in and of itself, provides no substantive rights. Typically, it takes about 2-3 years for a patent to eventually issue from a patent application. You can only enforce issued patents.
A patent is not self-enforcing. Thus, in theory, anyone can misappropriate your patented invention. It's up to you to pursue legal action.
Patent infringement is entirely based on the claims of the patent. If a patent claims A, B, and C, then the infringing device likely needs to contain A, B, C. The breadth of the claims generally determines whether "minor details" are covered. Ideally, you want claims broader than your particular implementation of the invention.
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