Vermontville, MI asked in Patents (Intellectual Property) and Intellectual Property for Michigan

Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a

Different manufacturers knife handle that has a separate patent be infringing?

2 Lawyer Answers
Adam W. Bell
Adam W. Bell
Answered
  • Patents Lawyer
  • SF, CA

A: There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious.

On the other hand if your question is whether ou would be infringing if you took a patentad product, added an ornamental element to it, and sold it - thae answer is very probably yes, you would be infringing. So don't do it!

Good luck.

Adam

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Patent infringement occurs when someone makes, uses, sells, or offers to sell a patented invention without the patent owner's permission. If the knife blade is only similar in shape but has a different ornamentation, it might not infringe on the original patent, provided the ornamentation is the patented aspect.

However, combining it with a handle from a different manufacturer that's separately patented can raise concerns. If the combination results in a new product that falls within the claims of either patent, there could be potential infringement.

Determining infringement often involves a detailed analysis of the patent claims and the allegedly infringing product. It's crucial to conduct a thorough patent analysis before proceeding with any such product design. Always consult with a colleague or another attorney to get a detailed understanding of the potential risks.

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.