Q: I am wanting to make something similar to patent # 10517291 but I do not want to infringe on the patent.
I want to use gears instead of the timer to give somewhat of the same effect but the motor will be constantly on, and I will not have a timer at all. Does this idea infringe on this patent? It specifies the cycler as a timer chip, which I will not be using, so I do not see something wrong with this but if you do, please let me know! If this does infringe, then what if my flasher consists of two equal colored sides but I used a timer like them?
A:
Hi, this would involve what is called a Non-Infringement Analysis, which involves a careful determination of claim scope and whether what you’re looking to do falls within it. Generally, patent attorneys are able to conduct this type of analysis, and should be able to assist you with making modifications if possible to avoid infringement.
Alternatively options in potential infringement situations include invalidating the patent or obtaining a license.
—
I am a registered U.S. patent attorney, however, absent a mutually-agreed, written engagement agreement between you and my firm, I am not *your* attorney, and neither the contents of this message nor receipt thereof may be construed in any way as legal advice nor to form any attorney-client relationship.
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.
