Legal Definitions - colorable deviation

Definition: A colorable deviation is a small modification made to a product or process that does not substantially change it, but is only made to distinguish it from an existing patent or copyright. It is a change made solely to avoid literal infringement of an earlier patent's claim.

Example: Let's say a company has a patent for a red bicycle with a bell on the handlebars. Another company wants to make a similar bicycle, but they don't want to infringe on the first company's patent. So, they make a blue bicycle with a horn on the seat instead of a bell. This is a colorable deviation because the changes made are small and do not substantially change the product, but they are made to avoid infringing on the first company's patent.

Explanation: The example illustrates how a colorable deviation is a small change made to a product or process to avoid infringing on an existing patent or copyright. The changes made are not significant enough to make the product substantially different, but they are enough to distinguish it from the original product. This allows the second company to avoid infringing on the first company's patent while still producing a similar product.