Q: Hello. Is the use of magnets, to close shirts together, something I can produce, even though it's been done before?
I see several companies out there doing the same, or similar, basic idea use of magnets to close shirts together. I see Magna Ready says they've patented the use of magnets. But it seems unrealistic, given that it's a utilitarian use for all, that would mean no one else is allowed to use the same magnets in the same way. Can you tell me if my own shirt/jackets, being created for the disabled are allowed to use magnets down the front of my shirts. Or will I be sued? Thank you.
A:
Patents are awarded for new, useful and non-obvious inventions. At the end of the patent, there are run-on sentences called claims. The attorney and the patent examiner work out an understanding of how many distinctions must be recited in the claims in order to merit award of a patent. To determine if a Magna Ready patent covers your invention, you would have to find the appropriate patent or patents and then read the claims. Interpreting a claim can be very tricky. If you are not experienced, you need to consult an attorney. If the claims do not describe your invention, you have reduced your level of risk. However, other companies may have relevant patents or Magna Ready may have more patents than you found. It is probable that an attorney would have to look at all the facts and apply appropriate legal principles to evaluate your situation.
See the disclaimer at the bottom of this page.
1 user found this answer helpful
A: You can't get a reliable answer here. Intellectual property is complex law and depends on the facts of each case. I'm afraid you need to retain an IP attorney who can advise you on your question.
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.
