Q: solawave patent

is the actual product SOLAWAVE 90185508 sells patented - or can another company sell the same product with different branding?

1 Lawyer Answer
Eric Estadt
Eric Estadt
  • Patents Lawyer
  • Columbus, OH

A: The product shown in trademark registration number 90185508 for SOLAWAVE appears to be registered as a design patent under D968633 for SKIN TONING DEVICE. Thus, a third party could not simply market an identical product under a different brand name without risking infringement of Solawave's patent.

Design patents are valid 15 years from the date of issuance. Since the patent issued on November 1, 2022, it will not expire until November 1, 2037.

Please note that design patents and utility patents do not have the same purpose or scope of coverage. While a design patent will prevent you from selling a product with the same ornamental appearance, it does not protect the underlying technology. Thus, it is possible that you may be able to produce and sell a product that uses the same technology as Solawave but does not infringe its design.

However, please be aware that I have not conducted an in-depth patent search nor have I reviewed the validity of this patent, and it is possible that this technology or a similar design may be patented by Solawave or a third party under a different patent. My comments above should NOT be relied upon as a determination that the Solawave product is patented or that the patent is valid. Before selling any product that is similar to a patented product, you should consult a patent attorney to conduct a thorough search to identify any infringement risks.

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