In reference to the patent: US8317762

I am looking to sell a product online but a similar product has a patent for it. How can i sell a product that wont break the patent law?


I'm reasonably confident that the technology described in this patent is junk and wouldn't work to an extent that has a useful health benefit. That said, if you want to make something similar you simply need to avoid some aspect of the claims. Here is the first claim:

  1. A skin patch for absorbing toxins from a body comprising:

    a first side comprising a heat reflective foil comprising titanium;

    a second side comprising a non-woven rayon surface configured for absorbing and retaining the toxins, said rayon surface comprising a plurality of openings configured for enhancing transmission of far infrared ray emission into a skin when said second side is placed in contact with the skin; and

    a mixture of natural ingredients consisting of, by weight, 24% vinegar, 0.8% chitosan, 0.8% loquat leaf, 0.8% houttuynia cordata, 0.8% vitamin C, 60% tourmaline, 4% vegetable fiber, and 8.8% dextrin, said mixture formulated to emit said far infrared ray emission, whereby blood circulation is promoted and perspiration and any toxins contained therein are absorbed by said rayon surface.

For instance, you could use a foil not containing titanium or a different mixture of chemicals. Just don't expect your product to have any efficacy. If you make health claims, you will probably violate other laws depending on your country.

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