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KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1451
Experience:  Attorney at law Office of KJLLAW
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With a patent pending on a product, do I have any legal

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With a patent pending on a product, do I have any legal "room" to make a similar products with the functions/capabilities?
Customer: replied 4 months ago.
With a patent pending on a product, do I have any legal "room" to make a similar product with same functions/capabilities?
Good morning
No the applicant on a patent pending cannot sue you if you make a product while it is in patent pending status.
Patent pending means that they have filed a patent application with the USPTO. In turn the patent pending serial number alerts the public to the fact that someone is seeking a patent on a product. Legally, If you copy the product/invention during the time that the patent application is still pending, they cannot sue you for infringement.However, if the USPTO grants the actual patent on the patent application, then the owner can sue you if you continue to make the product after the date of grant.Remember, in the U.S., an inventor does not automatically get a patent when the inventor files a patent application. I hope this helps.Please don't forget to rate the question for credit and tracking so that I will receive credit and payment for assisting you with your question.
If you have any other questions just ask
Customer: replied 4 months ago.
I'm a contractor and I've done residential roofing for 10+ yrs. I believe I've devolved a new, faster, more efficient, and better looking way to lay metal roofs. I need a patent. What steps do i take?
A method for installing metal roofs is only patentable if, and only if, (1) it is tied to a particular machine or apparatus or (2) it transforms a particular article into a different state or thing (“the machine or transformation test”). A particular method or style for installing metal roofing is not patentable by itself. Please don't forget to rate the question for credit and tracking so that I will receive payment for assisting you with your question.
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Customer: replied 4 months ago.
It would be a trim set. You would buy all the metal in between. I would entail a "starter sheet" "end sheet" not just a sheet of metal, it would be changed. Along with a your bottom trim with gutter included
Customer: replied 4 months ago.
I need to know the steps to take to go from the idea process to being patented and producing product
Customer: replied 4 months ago.
The gutter system could be applied to any roof

To get a patent approved by the U.S. Patent & Trademark Office (USPTO) for the roofing system, you have to do your homework before filing the application, carefully prepare the application, and then file it. Each patent application filed with the USPTO goes through a rigorous examination process. The application is assigned to a "patent examiner" who inspects it and gives feedback and critique before approval.

The key elements of a patent are:

  • the specification
  • the claims
  • the abstract, and
  • the drawings.

The specification, with the help of the drawings, explains how to make and use the invention. The claims define the scope or boundaries of the patent. The application must also include an abstract that summarizes the invention.

You will also need to include drawings with your application, if they are necessary for showing how the invention works.

Your drawings must illustrate every aspect of the invention specified in the claims. The USPTO has strict requirements for both claims and drawings, so be sure to study other patents in your field to become familiar with the format of these sections. All patent applications must include a drawing if the subject matter permits. You may need to hire a company who will make the specifications, create the drawings and put forward the claim. I hope this helps.