Mira Loma, CA asked in Patents (Intellectual Property) and Intellectual Property for California

Q: can I use the technology behind the vertimax machine, the pully system, but construct it a different way?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, as in many other jurisdictions, using the technology behind a product like the VertiMax machine, specifically the pulley system, and constructing it in a different way requires careful consideration of patent laws. If the technology or any of its critical components are patented, replicating or significantly resembling those aspects in a new design could constitute patent infringement. It's crucial to determine whether the specific features you intend to use are protected by patents.

To navigate this situation, conducting a thorough patent search is a wise first step. This can help you understand the scope of any existing patents related to the VertiMax machine and identify if the aspects you wish to incorporate into your design are covered. Remember, patents are public records, so you can research them through the United States Patent and Trademark Office (USPTO) database or seek professional help to conduct this search.

Should you find that the technology or method you plan to use is patented, consider seeking a licensing agreement with the patent holder. This would allow you to legally use the patented technology in your design. Alternatively, focusing on innovation to create a unique solution that achieves similar results without infringing on existing patents can also be a path forward. Engaging with an attorney knowledgeable in intellectual property law can provide you with the guidance needed to proceed safely and legally.

Robert P. Cogan agrees with this answer

Robert P. Cogan
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Answered
  • Patents Lawyer
  • San Diego, CA
  • Licensed in California

A: There is not enough information here to formulate an answer. What is the change? Does it make a difference in how the apparatus works? Do you want to make something similar to the VertiMax machine or use the feature you are looking at in a different context? What patent rights does VertiMax have?

It would be difficult for you to answer this yourself without contacting an intellectual property attorney.

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