Q: If I buy an app from third party company, which has almost exactly the same as Ubereats app, does the patent affect me?

I want to buy an app, which has almost the same design as UberEats app.

I notice that changes need to be done regarding the User Interface design of the app, but my concerns are more on the source code behind it.

The source code was provided by the third party company that i buy the app from. Does it affecting me, or only on the company that sells me the source code? from the information they (the company) provide, the source code are fully build by them, only it looks almost the same as UberEats app on the design and functionality. Thank you.

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: A US patent gives the owner the right to preclude others from making, using, selling, and offering to sell something that is covered by one or more claims in the patent. This right continues until the patent expires or other legal events happen to make the claims no longer enforceable.

So if there is a patent that covers the UberEats program or some aspects of it, then you cannot do things covered by the patent claims within the United States unless you are licensed by the owner of that patent. (Note -- I have no idea whether UberEats is covered by a patent but will assume that it is in order to allow the rest of your questions to be answered)

The fact that you bought the app from some third party does not change that. It may give you the right to sue the third party when the owner of the UberEats patent sues you and you may have some other contractual rights. So if you have any reason to believe that there is a relevant patent, you need to conduct what is known as Freedom-to-Operate or clearance work. https://www.flynniplaw.com/services/legal-services/143-freedom-to-operate

It may be smart to do some preliminary searching using my search tips http://bit.ly/Patent_Searching.

You should get a patent attorney to review the claims of any issued patent or pending application that may impinge on your freedom to operate to help you steer clear of trouble.

I hope this helps.

Kevin E Flynn

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.