Q: I’m interested in changing the cosmetic appearance of the passy- Muir ...what would be required
Does this infringe on their patent or do I need permission to modify the look of it
A: First, generally speaking, changes to an existing product might be protectable as a separate intellectual property right. So might be able to get your own design patent, copyright, or trademark. However, what you are really asking for is whether making, using, or selling the product would infringe on another's rights. That kind of an opinion is called a "freedom to operate" analysis, and takes a lot of time and energy to prepare. It is important to carefully plan a new product development strategy to ensure it can be sold without infringing, or if it does infringe, then preparing a strategy to obtain a license. If you are serious about developing an aesthetically improved tracheostomy device, speak with a lawyer and budget $4,000 for a broad freedom to operate opinion. A smaller scope project might only evaluate one patent, and may cost as little as $500, but you won't know whether other patents might cause problems. I would be pleased to discuss this matter further: 202-713-5292.
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