Legal Question in Intellectual Property in New York

Hello,

I have a question about Patent Law. I am looking to start a new company, and I plan to do a patent search before I start. If there is a similar product with my idea, am I still able to create a company with a similar product? I don't understand how people can start companies, let's say with various cremes and they are very similar but if there is already a patent I can't create a similar product, or a competitive product?

Can someone please explain to me this process?

Thanks,


Asked on 12/11/09, 10:56 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Starting a company is a relatively easy process, one that can be handled within a week. The intellectual property questions that arise are more complicated, and you're smart to be considering them before you begin the process.

There are two types of intellectual property rights about which you should be concerned - patents are important, but trademarks are also a primary concern. The chemical composition of your product could be an issue, but before you get to that piece, one question that needs to be discussed is as to the source of the product.

Also, if the product has a medicinal aspect, there may be FDA issues.

If you'd like to arrange a confidential consultation to go over all these issues, please feel free to get in touch.

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Answered on 12/19/09, 10:09 am


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