How close can an invention be to mine before it is infringed?

• Again, there is not a percentage rule. A common myth is that all a competitor must do is change the invention by 10% to get around the patent. Nothing could be farther from the truth.
• The scope of protection which is afforded by a patent depends on the claim language. If someone is selling a similar item, device or process, which includes all of the elements, or their functional equivalents set forth in a particular patent claim, that action infringes the patent. On the other hand, if another person can accomplish the same result without using all of your elements or using elements which are not functionally equivalent, that action would not infringe upon your patent.

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