Mckinney, TX asked in Patents (Intellectual Property) for Texas

Q: Am I able to manufacture an item similar to this patented design without repercussions?

2 Lawyer Answers

A: If you are infringing, then no. To get a proper answer, you need to hire a patent attorney.

Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

A: Your question as conveyed did not include the patent number. But you said design. If the patent is a design patent, (rather than the more common utility patent), then that is normally pretty narrow coverage to keep someone from selling a product that looks confusingly similar to the patented design.

You may be able to sell a product that has all the same features but does not have the set of distinctive design elements. A patent attorney looking at the cited prior art can help you identify the ornamental features to avoid. See https://www.flynniplaw.com/services/legal-services/united-states-design-patents for more introductory material on 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

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.