Q: Is it legal to 3D Model off a patent?
Is it legal to 3D Model off a patent, especially if it's expired?
Is it a copyright or trademark infringement if i share pics of the 3D model?
If a patent is expired, then whatever is in the patent is generally considered in public domain, meaning, that anyone should be able to use it. There may be some weird exception to this, but that is the whole idea behind patents: the inventor discloses the invention to the society, and return the society lets him go after infringers for a limited time. Once the time expires, it belongs to the society.
However, you do need to be careful, though: there may be other patents out there. For example, consider the following scenario that often happens in industry: a patent to a widget expired, and in the meantime, the technology has moved along and there is now an improved process of making that widget. If this improved process is covered by a second patent, you will not be able to make the widget by the better and you'd get stuck making the widget the way described in the expired patent. This would put you at a disadvantage over the companies making the widget by the improved process.
With regards to the trademark, you should not sell the product under the original name, but come up with a new name, trade dress, etc.
With regards to copyright, patents are generally not considered copyrightable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.