Asked in Patents (Intellectual Property)

Q: If i would like to sell a item simmilar to the product that has a patent on it. How much would it have to differ?

I would like to sell helmets with lights on it. I saw that one company has the patent on helmets with lights and indicator on it. Does that mean i can't sell other helmets with the same functionality or just that i can't sell the exact same helmets as the patent holder. And if so, how much does my product have to differ from the product with the patent on it?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: That really depends on what the patent claims say. The claims may be very narrow and you could get away with making something similar, or they could be broad and you are going to have a hard time making a helmet that competes well with the patented one.

You need to see a patent attorney about this before even building a prototype. The patent attorney should be able to tell you if and how you could get around the patent.

Good luck!

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