Asked in Patents (Intellectual Property)

Q: Will I be sued if my design was in some parts similar to an inventor design?

I develop a design from an invention and improve some parts, is it against the law if I sell my design. If it is against the law what can I do to make it legal?

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

A: Kudos to you for caring enough to work to avoid the legitimate patent rights of the owner of an existing patent.

To infringe a patent, there needs to be at least one claim where each element (noun, verb, relationship) is present in your product. A dependent claim adds elements to an independent claim and any intervening dependent claims. So you should focus on the independent claims.

This is detailed work. Not a good topic for web chat. You will need to take your product and the patent of interest to a patent attorney who will need to delve into the details including possibly the negotiations with the Patent and Trademark Office and other inputs.

See and for useful discussion of how to design around an existing patent.

I hope that this helps.

Kevin E Flynn

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