El Monte, CA asked in Patents (Intellectual Property) for California

Q: Patent lawyer


I’d like to get consultation with a lawyer concerning patents. I’m thinking of producing Pickleball balls with further sales. I’m interested if I can do that legally. What is mentioned in the patent? Do I need a license for producing the balls? Etc.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Pittsboro, NC

A: In order to obtain a patent, you will need to show that your pickleball is not just different from the existing pickleballs but differs in a way that would be non-obvious to a non-creative expert in pickleball design.

In order to sell pickleballs, you need to be clear of all relevant non-expired patents on pickleballs or components used in the ball.

These questions are handled when you consult with a patent attorney that has the relevant skill set (and is not already working for someone making pickleballs or analogous balls).

The good news is that you can pick a patent attorney from your state or from anywhere as the USPTO registration that allows one to work on patents is not limited to a particular state.

I don't have a conflict working on pickleballs but you can also find good patent attorneys by talking with your business attorney or other trusted advisors that work with entrepreneurs.

I hope that this was helpful.

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