Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different
Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?
A:
Whether you infringe and whether you need a patent are two different subjects.
With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the claims of the patent, and will tell you that you do not infringe the patent.
With regards to filing your own patent, if your product is new and is not obvious, then you should be able to get a patent for it.
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