Los Angeles, CA asked in Patents (Intellectual Property) for Nevada

Q: Can I create a product that is similar to a current patented product?

There is currently a patent for an item that has interchangeable heads that screw on. Can I create the same type of product with interchangeable heads if it attaches in a different way?

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

A: First, I commend you for giving thought about whether your proposed course of action will be beyond the scope of the patent rights of another.

Now to the question of whether you can do what you propose. The answer is it depends. It really depends on what specifically is in the claims of the issued patent.

This is not a web Q&A type of question. Someone that knows what to do will need to look at the details of what is in the patent claims and what is in your product. It is possible that the claims when properly interpreted, do not reach your product. It is possible that once you know the edge of what they claimed, that you can tweak your product to be beyond the edge.

Note that the patent that you found may have other variations of the idea in the pipeline and those other applications may have a different scope. Further, it is possible that someone else has a relevant patent too.

Good Luck.

Kevin E Flynn

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