Legal Question in Intellectual Property in Ohio
Patent Law question. Am I infringing on a patent if I...
I have re-created a product that was based upon an existing idea (The Inside Approach (www.insideapproach.com)). I have recreated it using different materials, and have added features and modifications. The basic idea is the same though, and the revisions are small but significant.
I want to sell the plans to build my version on ebay. Am I violating anything? Can I be sued? Thank you in advance for your response.
2 Answers from Attorneys
Re: Patent Law question. Am I infringing on a patent if I...
You may be.
Infringment is a complex question. Among other things, it demands on the patent status of products already on the market, and the degree of similarity between important features of the two devices.
A qualified patent attorey would have to make a careful examination to give you an accurate answer.
Re: Patent Law question. Am I infringing on a patent if I...
Nothing in the Web site that you provided suggests that the product is patented (not even a "patent pending" notice). As one would expect that the site would mention any pending or granted patent, it is much likelier than not that you would not be infringing the intellectual property of that company. This says nothing whatsoever about patents owned by others. Accordingly, a patent search might be worthwhile.
Best wishes,
LDWG
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