Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.
I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it or if they make it incorrectly and someone gets hurt, could I get sued?
A:
It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured, defectively designed, or failed to provide adequate warnings as to its risk. Would such a suit have merit? No one would know at this point. The other element you raise (patent) is related to protecting your intellectual property rights. A patent attorney could provide direction in terms of what you need to do in that regard.
Tim Akpinar
Ahaji Kirk Amos agrees with this answer
A:
Whether you should patent it or not is a question of your business model and business plan. A patent is a business tool, costing you about 20K to 30K. If you think that you are going to be generating more than a few hundred thousands of dollars per year from the sales of your backrest, then you should consider patenting it; if not, then it does not make sense to spend money on going through the trouble of patenting it.
Whether you posting pictures and information about your product that another person uses to manufacture his own product will create any liability for you, is something for a product liability attorney to answer.
Good luck!
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