Fishers, IN asked in Patents (Intellectual Property)

Q: Are any of the Superfeet patents infringing on this patent 6594922 by Anthony Wyatt?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Technically, a patent does not infringe on an earlier patent. You are free to file patents on improvements to an earlier issued patent.

You may not be able to make your improved product that is subject of the later patent until the earlier patent has expired or lapsed.

I have not drilled down to check the details but Google Patents reports that 6594922 is no longer in effect. It appears to have reached its 20 year date April 26, 2019.

You cannot infringe an expired patent. But they can sue for infringement that occurred before the patent expired or otherwise lapsed.

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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