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ryanbarr

posts: 1

Jan 15, 2007 4:22 PM ET    Quote  Report Abuse
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I am hoping someone can provide me with some quick rule of thumb or any thoughts.   I have an idea for a product that is currently not out on the market place.  When I performed a patent search I found the same idea, but it was designed differently from my design.  How similar do the designs have to be for it to be patent infringement, or for me to even create another patent?  I appreciate the help!

Raisecapital02

posts: 301

Jan 15, 2007 8:05 PM ET    Quote  Report Abuse
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You would definitely have to get with a Patent Lawyer to determine how different they are. You could have a similar design, but they must function in a different way or have a different feel or do the same thing, but look different.
ladderless

posts: 37

Jan 16, 2007 10:14 AM ET    Quote  Report Abuse
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Have you looked into who owns the patent?  When was the patent filed?  When did it issue?

If it hasn`t gone anywhere for the inventor, it might be available for licensing.  if so, you`ve just saved yourself big $$ in patent and lawyer fees.



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Thank you,   
Nelson
Accessmount LLC
www.accessmount.com   
Easy maintenance, "Ladderless" Light Fixtures

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patentandtrademark

posts: 1332

Jan 17, 2007 10:43 AM ET    Quote  Report Abuse
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I agree with Raisecapital02  - there is no quick answer to a question like this [unless of course, there is only one relevant patent and that one relevant patent is expired].

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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