Q: Is this patent for invention, design or utility? Can someone with similar(but not exact) design sells own bag?

Infringement type: D816,988

Complaint ID: 6285184641

Its a bag with combo lock. My bag is lightly fatter then this designed in the patent. Also, my bag has bag handle from the left side. The design in the patent has handle on the right side. Is this enough to do not make IP violence?

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Your question as conveyed to the attorneys did not include the patent number. You may want to ask the question again with the patent number.

Here are some items that may help. If the patent number starts with a "D", then it is for the ornamental design. You can sell a product that provides the same functions as along as it does not look confusingly similar to the product in the design patent. You may need help from a patent attorney to sort out what the distinctive ornamental features are in design patent compared with what was already common in the prior art.

If you are not sure whether the patent is a design patent or a utility patent, it is possible that you are looking at a published application for a utility patent. It is possible that this application won't ever make it through the process to become an issued patent and you do not need to worry about it. A patent attorney (or use of Public PAIR) can let you know if the application has been abandoned.

If it is an issued utility patent, then you need to check to see if the patent has expired or lapsed. If the patent is still in force, then you can look to see whether you have all the nouns and all the verbs in one of the independent claims in the patent. If it possible that the patent is for a quirky feature that you do not plan to use and then the patent is not relevant to you.

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

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

A: Sorry, but to determine if there is or is not patent infringement takes many hours of work. You are going to have to hire a patent attorney to answer this.

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