Q: I designed and made a luggage rack for motorcycles, that has tracks to accept Milwaukee Packout. Am I violating patents?
I hope to market and patent my design, but I’m unsure of my legal justifications (patents)
Unfortunately, no patent attorney can give you an answer (or even a guess) without doing the necessary searches and other legal work. Sorry, but you will need to reach out to a patent attorney.
You will need some sort of legal opinion. You have two broad options. Firstly, you can get a written legal opinion that will tell you that you are OK. You would just keep the written document on file, put the product into production, and when you do get sued, you'd pull out the opinion to show to the court that you took steps to not infringe others' patents.
Secondly, for a fraction of the cost of the written opinion, you could ask the attorney to do most of the work and just tell you orally that you likely won't infringe.
In either case, if it looks like you'd infringe, the attorney should be able to tell you how to change the design so that you'll lessen the chance of getting sued.
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.