Legal Question in Intellectual Property in New Jersey
Similar idea previously patented
hi,
I am working on a business plan which revolves around a certain type of device and its abilities. After a search, it seems like someone has patented a similar device although does function exaclty as mine would. How different does my device have to be from the patented device to avoid any lawsuits once my product is hits the market?
1 Answer from Attorneys
Re: Similar idea previously patented
"Close" isn't the issue with patents -- either your contemplated device falls within the described claims of the patent in question or it doesn't. You cannot make any determination without actually examining the patent claims (not the description, which has no legal significance). You should contact a patent lawyer for specific advice.
Best wishes,
LDWG