Q: I'm interested in getting a patent filed, but I can't tell if I would be infringing on an existing patent or not.
I am looking to patent a few baby items. I tried to research them on my own to figure out whether or not I would be infringing, but I can't figure it out. How do I do this?
A:
Filing a patent application does not infringe on an earlier patent. You are free to file a patent application for an improved product that would infringe the earlier product. For example, you can patent a mountain bike that would infringe a more basic bicycle patent. The more basic bicycle patent may preclude you from making mountain bikes until you cross license your mountain bike patent with the person that owns the basic bike patent so you both can make mountain bikes.
If you are worried that the product you hope to make may infringe a patent, in the end, you may need to talk with a patent attorney as the process of reading patent claims to sort out if your proposed product can be tricky. This is called patent clearance or sometimes Freedom-to-Operate opinion. See https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions
A good start is to do a decent search of the issued patents that are not expired and the pending applications that are published but not yet abandoned. This can take some time. There is not an easy answer. Some useful tips can be found in my slide set at http://bit.ly/Patent_Searching
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.
