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 it 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 it What do you think, do I brake the patent by making my bracelet?
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:
- Base your design on prior art that came before your competitor's design.
- Modify your design so the difference between your product and the design right are readily apparent to consumers.