Legal Definitions - colorable alteration

Definition: A colorable alteration is a modification made to an invention or work that does not result in any significant change but is only made to differentiate it from an existing patent or copyright. It is a small change made to a product or process to avoid infringing on an earlier patent's claim.

Example: Let's say a company has a patent for a red bicycle with a bell. Another company wants to create a similar bicycle but with a blue color and a horn instead of a bell. This modification is a colorable alteration because it does not result in any significant change to the bicycle's function or design, but it is made to avoid infringing on the existing patent.

Another example: A company has a patent for a smartphone with a rectangular shape and a touch screen. Another company wants to create a similar smartphone but with a circular shape and a physical keyboard instead of a touch screen. This modification is not a colorable alteration because it results in a significant change to the smartphone's design and function.

The examples illustrate the definition of colorable alteration by showing how a modification can be made to avoid infringing on an existing patent or copyright without making any significant changes to the product or process.