Pearland, TX asked in Contracts, Copyright and Patents (Intellectual Property) for Texas

Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.

3 Lawyer Answers
Stephen Kontos
Stephen Kontos
Answered
  • Intellectual Property Lawyer
  • Bloomfield Hills, MI

A: You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product development to keep your risk low.

DISCLAIMER: No results are guaranteed. We do not have an attorney-client relationship.

Timothy John Billick agrees with this answer

Floyd Edwin Ivey
Floyd Edwin Ivey
Answered
  • Intellectual Property Lawyer
  • Kennewick, WA

A: Patents are for new structures which do something. It is the structure!! And it is a structural difference which does the same or a similar function which allows the issurance of a patent.

The word patent regarding inventions has a meaning similar to the meaning of the word "deed" relating to real property. For the invention your attorney will describe the boundary(the structure) of your invention - how the parts and pieces of the invention go together to perform a function.

You can search patents at Uspto.gov and by Google Patents. This is a word search with the intention of searching for the structure of your invention. You and the Patent Examiner will look for the structure which is identical to your structure and also for the combination of prior inventions which would suggest to a person of ordinary skill in the art your structure.

Patent searching is a skill learned by Patent Attorneys as prompted by the study and licensing by the United States Of Commerce as required to pass the Patent Bar to become a licensed Patent Attorney.

You will need assistance by a Patent Attorney.

Timothy John Billick agrees with this answer

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

A: I agree with the advice that you should work with a patent attorney to sort this out. I will add that it may be prudent to do some initial searching before that first meeting with the patent attorney. My slides as http://bit.ly/Patent_Searching may help you with your DIY searches that will help accelerate the work of the patent attorney and any hire third-party searchers.

I hope that this helps

Kevin E Flynn

FLYNN IP LAW

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