ITS A MYTH - You Just Have to Change (XX)% is a Myth!

[CNC Molds N Stuff]

Often people refuse to understand the difference between different types of intellectual property rights.  The % change "rule" is about copyright.  It has nothing to do with patent rights at all.  Its been bandied about in reference to copyright that if you change 10% its not a violation, but that has not been a hard and fast rule in legal practice.  I think its a an artifact of people not wanting to take a few extra minutes to understand the truth and their desire to find a short cut or easier answer.  There have been lawsuits over just the melody in a song even when the lyrics have been totally different.  10% is not a hard rule, and it doesn't really apply to patents at all. 

A patent is a grant of exclusion for an idea about something.  You can change 99%, but if it still corporates the patented concept or idea it is still a violation of the patent.  It might look 99% the same and not incorporate any of the elements of the patent.  Then its not a violation of a patent. 

Example:  A Larew Salt Craw (tm) doesn't look anything like a Yamamoto Senko (tm) but they both incorporated the idea of "infusing salt into a soft plastic bait."