Q: if there is a patent on a toy and we want to use the said toy as part of a game, do we need to obtain licenxing rights?
I look at it like taking a patent like dice and using it for a game. Is that legal in that case because the patent has long expired?
A:
If you want to sell a game that has a toy in it, and the toy is patented, then you would be infringing the patent. You can't get around a patent to a product by adding more stuff to the product.
You'll likely need to obtain a license, or buy the toy from the toy maker.
A:
If the patent on the toy is expired, then you are free to use what is taught in the patent. You may want to check to see if there are any subsequent design patents on the toy as a design patent is narrow in that it covers the ornamental appearance of an object. Thus, a design patent could be issued on a particular way to make the toy look, long after a broad patent on how the toy operates has expired.
Likewise, the people that filed the original toy patent may have filed subsequent patents on improvements to the way the toy operates. The Bell patent for the telephone is more than 100 years old and people are still improving the telephone.
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.
