I have a question about a product that is already out on the market made by POST IT brand.
My idea is essentially using the same product but changing the package design and the purpose for which it is intended.
Is this an infringement on their patent?
Yes, this sounds like it would be an infringement if you use any of the POST IT claims. A patent is on an invention, not the implementation of said invention.
Just a quick example, in case I'm misunderstanding your question, if you invented a four-legged table and got it patented, then I came and said "that four-legged table, but used as a chair instead," that would be an infringement.
The packaging is also irrelevant. That would be a copyright issue in all likelihood, perhaps trademark. But it doesn't impact the patent itself.
Another alternative answer is NO if your invention is about package dispensing POST IT which i think you might be intending too. IN this case you should not use any of the POST IT product or claims.
