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
  • Patents Lawyer
  • Pittsboro, 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.