We are designing a lock mechanism that has an open indicator as one of the features. We have found that the open indicator is a subordinate claim in an existing patent where a lock mechanism specifically for locking a car trunk is claimed. The lock mechanism we are designing is not for a car trunk but for a different door. Would use of the indicator feature be infringement?
Optional Information: State/Country relating to question: California
To infringe a patent claim, you have to do everything the claim says. From what you write here, it sounds like you don't do everything the claim says. They say "car trunk" and you do "door". Hopefully, there are other details that they specify that you also do not meet? The more you find, the safer you can feel. The fewer, the more risk you have of them convincing a court that what you did is "close enough".
If all you have is door versus trunk, then think about why they specified trunk but not door, and if the reasons will make a court sympathetic to your position (it's a big difference!) or the opposite.
Hope that helps. Good luck.
Experience: Professor of Law at Top-Tier Law School, specializing in patent & copyright
They claim many more capabilities for their lock in the primary claim that we are not including and the capabilities seem to be very specific to the type of door that they locking. Thanks
Great! Then you are very safe. Good luck.