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There is an app/software that evaluates posture. I would like to create a software that does the same idea (evaluates posture) except make it better based on my needs and idea of the functions/software.

It would be different in many ways, however the core "idea", which is a posture analysis would be the same. It would look different, function different, and have different look and feel, but in the end it is still a posture analysis/evaluation.

Mine would also be a web application versus the original is an app on the itunes store for phones and ipads.

I will be developing all the code from scratch (not using any of their coding) and will be developing this software specifically for my needs and wants.

However, I am unaware if this will be an issue as the current app is "patent pending". Any insight on if I can do this, and/or the best way to do it while avoiding any legal issues would be greatly appreciated!! Thank you.

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You need to search for the patent application to understand what is being patented. Applications don't publish until 18 months after filing so it may or may not yet be available. You can search at patents.google.com. One thing to remember is the claims in an application are very often much broader than the resulting patent.

My guess (and I'm not a lawyer) is the broad idea of evaluating posture wouldn't be patentable, but a specific method or algorithm to do so may be. Thus if you have a distinctly different method or algorithm you may be OK. You can't be sure until you see the claims of the granted patent. In any case, you should probably consult with a patent attorney both with regards to freedom to operate as well as possible patentability of your own ideas.

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