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
  • 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.


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

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.

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