Q: US 20130320168 A1 Is this a utility patent or a design patent? Can I build a different design without infringing on it?
A: US 20130320168 A1 "Mounting bracket for supporting an article" is a utility patent application, not a design patent. If you want to build a different machine (product) without infringing on it, you would have to make sure your product is not equivalent to this patent application or any other related patent or patent applications. You have to make sure that your product does not contain elements identical or equivalent to each claimed element found in each of the related patents. If you substitute any element of a claim, your substitution has to play a role substantially different from the claimed element. It is better to seek advise of a qualified patent attorney regarding infringement before embarking on a lot of expense building the product.
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