Invention/patent legal advice

[KevinD]

I have a working prototype of a product that I want to market.

There is already a product on the market similar to mine. The original has a patent.

My question is...

How much trouble can I get in if I just start producing and marketing my version?

Any patent attorneys here?

[Ratel10mm]

I'm not a patent lawyer or even approaching that, but I would say that you run a huge risk of a court case if the patent holders decide that your design infringes their patent.

I'd try to get a patent for your design, as that aught to offer some protection. As in - if it were significantly the same as the competition's, then you owuld not have been granted a patent?

Definitely get professional advice.

[proudwhitetrash]

Make a log of your product. It needs to be a compisition notebook. Number all of the pages. Dates are importent, staple or afix any and all recipets. and if at all posable have the pages noterised by a notery. this will help if u end up applying for a patent.

[KevinD]

I figure any professional help (patent attorney, product development) would price the product out of it's already small market.

I can do most of the work (development, manufacture, packaging, shipping) myself and not have those expenses.

I'm just wondering how much trouble I can get into if I "just do it"

[Dr Dean]

Depends on how bad the current patent holder doesn't want you infringing on his/her hard work. Patent infringment is determined as a civil suit (you get sued). If it's actually infringement it'll cost you, if not don't sweat it.

[KevinD]

There are enough differences in my product that I believe I could defend myself but the cost of litigation would far out weigh any potential profit.

I guess the first person I need to talk to would be the person who would be defending me in that situation.

[fat pete]

they will contact you first....probably challenge you, like dr dean said they will sue ya. the suit will ask for everything you made off the product...but usually they offended party usually will contact you and ask if you knew you were "stealing" their idea....sometimes they willobtain your product and see if does infringe...it cost some to do the suing so depending on what he thinks your stealing (value) ....if you know they already make the product then you cant say "well i wasnt aware" if you arent aware of it its different....whatever goes it usually takes along time to get the suit in motion...you should look up and see what they patented ...it may have nothing to do with what you are doing...read the patent... you can also apply for a patent on yours right outta the gate...then you have patent pending...you can write your patent different than his ... in the end if you are infringing they will stop you and they will sue ya for either a license fee or at least what they feel they lost with you in the market...I have been in these situations in manufacturing, sometimes people infringe knowing its not enuff money to justify the suit. first step obtain a copy of his product and patent.

[yesteryearforge]

First of all if i had any type of question about anything up to and including blacksmithing the last people that i would ask are BLACKSMITHS.
Are you really willing to ask legal advise from a bunch of individuals that cant even agree on what type of Forge / hammer / fuel /apron /material / floor type / chimney style or size and the list goe on and on .

Mike Tanner

[Dan OHare]

Kevin, Congrats, I hope it all works out for you.
You require the services of a competent patent attorney. Period.
Whatever it is you've got there, keep it under wraps(Shhhhh...).
Your new found lawyer buddy will handle the rest.
Yes, infringement can bring you trouble. That's why I would never consider say, making my own "VICE GRIP" tm style tongs (invented by a blacksmith).
Another option could be to sell your idea, listen to your lawyer buddy. Good luck. Dan

[R Funk]

The key thing you need to do is read the patent carefully.

Read the "prior art" section this discusses what similar type of items previously existed. This gives a good idea of what is not covered by the patent as it was pre-existing

The next section to read is the "clams" of the patent. This goes into great detail as to the specifics of the patent and what the person requesting and obtaining the patent beleives the unique features of the patent is.

For all you know they may be patenting a very obscure feature of item just so as a marketing tool they can say "exclusive patented technolgy" and intimidate the less serious person from copying their product.

A warning: If you have a patent you must must defend it. This can be very expensive until you win. If it can be documented that you do not defend your patent you cab essentially lose it.

I know of a small business that had patent and a large corporation wanted to copy it. They made the defense of the patent so expensive that the small business had to give up protecting their patent.

Also China has a nasty habit of ignoring and stealing patents. Again this can make protecting your patent more difficult.