I know there is a patent on a product I want to sell. Mine is better as I have additional features. Can I go ahead and sell my product and under a similar name?
If they have a patent, then this could be problematic to you. Adding extra features does not avoid patent infringement. A competing design needs to change one or more core elements that are claimed in all of the main (independent) claims of the patent so that it no longer satisfies that/those core elements to avoid infringement.
So, for example, if the independent patent claim is:
A superhero accessory comprising:
- a shield;
- the shield containing Vibranium.
You could change the nature of the accessory to, say, a helmet and/or you could substitute titanium for Vibranium. By doing this, your accessory does not satisfy the elements of the claim and is not an infringement of that claim.
On the other hand, if you are selling a shield composed of Vibranium, but you now addAdamantium to its composition, you still infringe the claim because you still have the original material, Vibranium, and the accessory is a shield.
Another issue you are likely to have comes down to trade marks, not patents. Calling your product by a name confusingly similar to another brand is likely to be trade mark infringement if they have a registered trade mark in your country.
