If you sell physical products online, you will likely face a patent infringement claim at some point. The good news is that many of these claims are weak and can be successfully challenged. The key is to document, point by point, how your product differs from the patent in question.
A common mistake in patent claims is asserting that a general, widely-used function is an original invention. If the same function was already sold on the market before the patent filing date, the claim is invalid. Use customer reviews, listings, or dated screenshots to prove the function existed earlier.
Timeline evidence is powerful. If you can show that a product with the same function was already being sold publicly before the patent was filed, the patent cannot protect that function. Always compare the patent filing date against the earliest public sale date of similar products.
Detail every structural difference between your product and the patent drawings. For example, the number of holes, the filling mechanism, or the opening design. Even small differences can be decisive when presented clearly and specifically.
An invention patent protects a specific technical solution — not a material. A claimant cannot prevent others from using a common material (such as silicone or a soft handle) simply because their patent mentions it. The material itself is not an invention.
Beyond defending against a claim, the strongest position is to add genuine improvements that the patent does not cover. New functions, added features, or improved usability all strengthen your case that your product is different — and better.
Patent disputes involve legal and technical judgment. YWHOLA can help you verify product designs, gather market-timeline evidence, and coordinate with manufacturers on design differences. Contact us to discuss how to protect your product line.
