Legal Question in Intellectual Property in Tennessee

Re: Utility Patent

Patents have a limited life span (generally 20 years from the filing date). In addition, most patents require maintenance fees. So if the patented "idea" that you speak of is expired or no longer in force, then that patent cannot be used to stop you from doing what is described in that patent.....so you need to check dates. In terms of protecting your "idea" if it is a little different, you may be able to secure a patent for the improvement (but not the initial widget)...almost all patents are improvements over existing art.....you should speak with a registered patent attorney or agent to help you determine if protection for the improvement is possible and/or worth the expense. hope this helps.

Re: Utility Patent

It depends on what you mean by "pursue" an idea that is already patented. The purpose of the patent system is to promote disclosure of inventions so as to stimulate improvements on prior art and further invention. It is not only permissible, but also encouraged, that inventors build upon the prior knowledge and inventions of patentees and make further inventive discoveries and improvements upon what is known (patented) in the art. So, if by "pursue" you mean do further experimentation, improve upon, and discover what is your own inventive step in the art, then the answer is absolutely YES.

It depends on what you mean by "a little different." This is an analysis which should be done by a patent attorney who has all the specific information of your product and knowledge of the state the art. Patent attorneys are also scientists (they must have a degree in a hard science such as engineering, chemistry, biology, in addition to a law degree), and their knowledge of both the law and the field of science is necessary to make a determination of what is "a little different." Such an analysis would determine 1. whether your proposed product is different enough to not infringe upon a prior patent; 2. whether your proposed product is different enough to itself be patented.

This type of analysis is not the kind you can get in an initial free consultation. A patent attorney may agree to initially meet with you for a free consultation to discuss your ideas and questions in general. Then, the attorney will need to do research and analysis, and if desired, provide a formal written opinion on the matter. You should expect to spend several thousand dollars for this analysis and opinion.

I highly recommend that you meet with a patent attorney to discuss the possibilities of your case. You can look-up registered patent attorneys on www.uspto.gov.

Best of luck,

Sarah