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?
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.
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