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

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

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

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

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