Changes and Extension to an existing Patent

Question

I have an idea that basically is an extension to a current patent, but I want to take a few features out of it and add my own. What things do I need to look out for to avoid patent infringement? What their patented product is for is different than what mine is for. For example: ( Hypothetical) A patent is in place for a desk lamp. I want to take a lot of the same technology and process and make it a Scentsy electric wax warmer. What I want to do is very similar to that example, how did Scentsy get around it, enough differentiation?

Thank you,
Jeremy

or

Answers: 3 public & 0 private

Laf
Patent Agent

Jeremy:

Experience teaches to ask the obvious. Did you already check to make sure the patent you are worried about is up to date in their maintenance fees? These are owed at 3.5, 7.5 and 11.5 years after issuance. A large percentage of patent holders don't pay these, making the patents free for public use (All speaking about US patents, but if your idea can't be used by 320 MM people, it's not worth much, honestly).

LuF
www.mxpatent.com

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