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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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I created and hand make a Tostonera (Plantain presser)

Customer Question

I created and hand make a Tostonera (Plantain presser) product. Now someone has come up and is accusing me of copying his idea which is "Patent". The function is the same, however, he design is completely different. I received mail from this person demanding that I remove my product from my web page or he will sue me.
When I began making this Plantain Presser I had never seen or heard of this person. Please advise, what are my rights? Should I be concern, should I be seeking a Lawyer?Thanks for your answer.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
I suggest that if it is a patent infringement, you can be sued. Therefore, I suggest you can search the Patent Database at the link and see if there is indeed a patent on the product - what the date is and if it is before the patent you obtained for your product. Generally, when seeking a patent, the patent office will research to see if there is one already and advise that you cannot have your patent because it is already one out there.
http://www.uspto.gov/patents-application-process/search-patents
If you were given your patent before or after this person, then you have no concerns because if before then you have your patent, if after then you can show that the patent office issued and they don't make mistakes
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.
Thank you