Q: Which is the patent for a mechanical gasket extractor pick
Hook on a skinny rod and at the end it has a handle. Similar to a screw driver.
A:
The patent number should be written on the tool. If for whatever reason it is not, then it should be on packaging.
If the patent information is not on either, then according to the law someone making copies of the tool won’t be liable for patent infringement until the patent owner informs him of it. 35 U.S.C. § 287. So, it is generally OK to copy the product before being informed about the patent, but not afterwards.
The problem for a tool maker who wants to make copies of the mechanical gasket extractor pick is that he does not want to go through the expense of manufacturing and distributing the tool, only to have to shut it down whenever the patent owner notices copies on the market (which could be weeks or years). To avoid this, the tool maker should really investigate if there is a patent for the tool. A patent attorney should be able to do that relatively quickly.
Good luck!
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.
