Fairview, PA asked in Patents (Intellectual Property) for Pennsylvania

Q: I notice many in door or door jamb chin up exercise bars that are quite similar. I am interested in manufacturing?

What are the patent ramifications for manufacturing and selling something quite similar?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You take a risk of patent infringement.

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ
  • Licensed in Pennsylvania

A: Yes, there are patent ramifications. Just like pretty much any business.

I am really glad that you are asking these questions BEFORE manufacturing your product, not after you’ve sunk tens of thousands of dollars in developing your marketing campaign, lined up your distribution channel, tooled up in China, and are getting hit with lawsuits.

Before launching your product, you will likely need a Freedom To Operate opinion. If you have not yet finished your design, you may want to consider a getting a patent landscape report first. The patent landscape report may not be necessary, but the FTO opinion is pretty important to get if you are going to be successful in making and selling your product.

If you have a brand new bar that works or looks like nothing else on the market, you may want to get it protected from your competition.

In any case, you should reach out to a patent lawyer sooner rather than later. The lawyer will guide you through the process, but more importantly at this stage, the lawyer will give you some options for you to think about, along with the approximate costs and timelines.

Good luck! I know it is not easy.

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