Legal Question in Intellectual Property in Hawaii
Invention Infringement
I'm currently designing a New Concept Car for the new Millennium. I'm utilizing specifications,
items and designs from one of the big three car Manufacturers. However, the look and design of my car is completely new. It does not exist as I'm designing it. Can I utilize these specifications, items and designs for my new car?
I plan to submit my plans to one of the Manufacturers in question. I will apply for a Provisional Patent first. Would this type of patent give me sufficient protection. Any help will be greatly appreciated. Thank you very much.
2 Answers from Attorneys
Re: Invention Infringement
You do not state enough in your posting to determine whether there is patent or trade secret infringement. From what you state this would be a derivation of one of their designs and not afforded patent protection, even though you file a provisional application.
Re: Invention Infringement
You are too vague to get good response, but using someone else's specifications and items certainly runs a risk of ending up with something that infringes a utility patent, if one exists, by the company whose specifications and items you use. To the extent your design is unlike anything before, it may be proper subject for a design patent and, if it (or a component of it) performs a new function, maybe a utility patent. Without knowing the particulars and without doing a patent search, there is little way for me to tell you more. At least you should have a copyright on the appearance of your New Millenium Car if it is all that different. To the extent you put in original creative effort you can expect to have something of potentially protectible nature, provided that you are not the second (or third, etc.) to create it. If you want specific advise you should see a patent attorney and give him or her specific information and have a search done. To do less puts you at risk to waste your efforts.