West Monroe, LA asked in Patents (Intellectual Property) for Louisiana

Q: What would happen if I made a curved bi-fold wallet like this one that is patented? (Patent # D 638,624)

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

A: D638624 is a design patent and thus only covers the ornamental appearance of the wallet not the more abstract idea of a curved bi-fold front pocket wallet.

Given how few details there are in their design patent, they may try to assert the idea broadly and seek take-down orders against you on Amazon if you sell there.

Best bet is to work with a patent attorney who will review the file history and see how the particular light dark pattern on the wallet is interpreted. It is possible that if you have a solid color without that light dark pattern, that you will be ok. You can take a look for yourself at https://portal.uspto.gov/pair/PublicPair

The patent attorney can also look for older wallets where the patent has expired. You are safe if you do something that is in an expired patent.

Kevin E Flynn

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