Asked in Patents (Intellectual Property)

Q: Patent #7422101 Does that mean, that no one else can produce for sale pastels in stackable jars (pan-like containers).

Cosmetic industry are selling eye shadows, loose powder in pans. But are pastels in pans not to be sold by anyone else but Colorfin LLC?

1 Lawyer Answer
Kevin E. Flynn
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Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: The scope of a patent is defined by the claims. Claim interpretation is hard as it is a mix of concrete details and some more abstract aspects. But each of their independent claims has some specific requirements. So in short, they do not have a patent on every possible way to sell pastels.

For Example Claim 1 requires:

a non-thermally activated adhesive layer positioned generally along at least a portion of the inner surface of the bottom of the container

AND requires

the colorized pressed powder material being adapted to be used as an artist pastel and having a pigment content of at least 25 percent.

I have no idea whether most pastel materials used by artists has a pigment content of at least 25 percent. So maybe the way the parts are connected could be done with a thermal adhesive or fused or snap fitted.

You should work with a patent attorney to get down into the details for all the independent claims and also look to see if there are other patents in this patent family that may have slightly different claims.

You need to find a patent attorney and seek design around guidance to ensure that your product does not arguably fall within the scope of any of the relevant claims. For an intro to Design Around Guidance see https://www.flynniplaw.com/services/legal-services/freedom-to-operate/design-around-guidance

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

1 user found this answer helpful

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