Astoria, NY asked in Patents (Intellectual Property) for New York

Q: if i am making dress shirts for people with parkinsons and other challenges, are all shirts covered by this patent of ma

covered by this patent of magna ready.

my shirts will have a hidden magnet on either side of the placket so that it clicks and closes the shirt from the front

2 Lawyer Answers
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • Licensed in New York

A: Your question as passed on to lawyers was garbled. So I am guessing at what you asked.

It is hard to believe that there is a non-expired patent that covers using a magnet to close portions of a shirt. The good news is that I am not aware of any synonyms to the word "magnet" or "magnetic" so patent searching should be fruitful. You may want to look at my patent searching tips in

http://bit.ly/Patent_Searching.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: You are able to make and sell shirts with magnets hidden in the plackets without infringing Magna Ready's patents 9,540,580, or 9,210,953 (this patent is also owned by Magna Ready even though their name does not appear on the patent).

The reason why you can make and sell shirts is that there are many different ways that you can make shirts with magnets hidden in plackets. Magna Ready has patents on very specific way(s). You have many other ways of making shirts with magnets hidden in plackets.

From Magna Ready's view, their way and their shirts are the best (for any reason, such as customer preference, lower manufacturing costs), that it makes sense to keep their competitors from copying their shirts.

If you are worried about Magna Ready's patents, you should reach out to a patent attorney, and ask for a "non-infringement opinion". You will send the patent attorney several samples of your shirt and any drawings, photographs, instructions for the line workers, etc., and then the attorney will come back to you in a couple of days or weeks with an opinion (either written or verbal) that you do not infringe.

Good luck!

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