Legal Question in Intellectual Property in California

do I need a untility patent?

Hello ...there is as wedge shaped foam pillow to lift the covers off of the feet in bed that was patented in 2000.

The idea to lift the covers off the feet goes back to patents from the late 1800's so I'm thinking that their patent is NOT for the idea.

I want to verify that their patent protection only serves to prevent others that sell similar wedges to market it for that same use. For example, A medical supply company sells wedges but refrains from stating that the cushion can also be used to ''lift the covers off of the foot of the bed for tired feet''.

I am pursing a utility patent for the same use(lifting sheets)and am also using a foam cushion but mine is a different shape. Am I infringing?


Asked on 9/30/06, 2:06 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: do I need a untility patent?

Any comment on the coverage or validity of the 2000 patent would require reviewing the claims in that patent and comparing them with the 19th-Century patents. Clearly, the older patents could not have made claims based upon the use of plastic foam materials, but that alone does not totally explain their relationship to the 2000 patent.

What is more, I seriously doubt that the Patent Office would issue any additional patents in this particular product area at this time, given that the products and uses you describe seem to reflect prior art or are obvious extensions or combinations of known technology.

If you still think you may have a patentable breakthrough that is a non-obvious advance over prior art, ask a local patent attorney to compare the earlier patents with your proposed claims.

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Answered on 9/30/06, 2:28 pm


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