Albuquerque, NM asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado

Q: How do u find out if someone has a patent on a wooded kite?

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

A: The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be able to obtain a patent that covers something that was patented or sold 20 years ago.

My slides on searching may help.

Kevin E Flynn

John Espinosa agrees with this answer

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