Legal Question in Business Law in Illinois

I have a business idea that I believed was the only one of it's kind. I would be marketing two electronic devices that would both be unique to a very specific target market. I would be operating alongside the state of Illinois, and would have much initial red tape. I believe that the company would be profitable 30 months after clearing the red tape. However, I recently learned that the idea was being used by another corporation in another state, and they plan to extend their operation to other states which may very well include Illinois. This corporation holds a patent on the electronic devices. If I still incorporate, create similar devices, and go into business in my state with the plan to extend to other states, is this infringement or healthy competition to the existing company? Moreover, if I use some of the things I've learned from the existing company to further my own knowledge base, will I be putting my business in hot water, or is this healthy competition?


Asked on 6/08/10, 12:09 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

An attorney will say if you infringe on the other company's patent, you get yourself into a lot of hot water. It's called patent infringement. The critical issue is whether or not you would be infringing on their patent claims. Consult with a patent attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/08/10, 3:52 pm
John Lee John D. Lee and Associates, LLC

Would you try to file a patent application for your electronic devices if you could make a non-obvious improvement to those devises? That way, you could avoid patent infringement. Do you know a patent attorney?

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Answered on 6/08/10, 4:33 pm


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