Q: I have an idea but its been patent already by somone but my design is different for the object.
Yet should provide same feeback as the other object does.
A:
You may have heard that if you build a better mousetrap, the world will beat a path to your door. This highlights that there can be several solutions to a particular problem and each can obtain their own patent. This may be the situation that you are in.
If you get a patent for your improved device, you would need to be sure that you do not fall within the scope of claims from any other unexpired patent. Getting a patent is not a license to violate the patent rights of others.
If the earlier patent is for the ornamental appearance of the object (such a patent is called a design patent and the number starts with the letter D), then it may be possible to have another product that looks very different from the product in that design patent. Your product can provide the same use to end users, it just must avoid the distinctive ornamental appearance captured in that design patent.
See https://www.flynniplaw.com/services/legal-services/united-states-design-patents for some material about design patents.
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
Kevin E Flynn
A: If I were you, I would explore a design patent, which is often far less expensive than a utility patent. However, be warned that if your device/product is or does something that is claimed in an existing (unexpired) patent, it may infringe (even though you may have a novel design). In addition to exploring design patentability of your product, you may want to ask a lawyer for a freedom to operate opinion to ensure that your product can be sold without worrying about infringement. Good luck!
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.
