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I have a question based on patent technology. The purpose is…

I have a question...

I have a question based on patent technology

Lawyer's Assistant: What's the invention's purpose?

The purpose is to function as an electronic device holder or stand, ie cellphone or tablet

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The first part of the question is whether I can manufacture this patented device and distribute if I am offering it as a free bonus product on my website and not directly profiting from its sale

Lawyer's Assistant: You have to pay for your first question. If you sign up for a membership, there is a free trial for questions after that.

Ok

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Customer reply replied 1 month ago
I also need to ask if I can slightly alter the design of the product and manufacture and sell, without infringement of this patent
Customer reply replied 1 month ago
Hello I am waiting for a response please
Answered in 2 days by:
3/9/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,009
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your patent law question today. I'm attorney Bill assisting you with your request. If the design is already patented you would need a license from the owner to manufacture and legally distribute the product.

A full patent search is available through the USPTO website

https://www.uspto.gov/patents-application-process/search-patents

If your product is an improvement on an existing design this is something that you could seek to patent yourself and then distribute.

The conditions for patentability are set out in the US code:

"a)Novelty; Prior Art.—A person shall be entitled to a patent unless—

(1)

the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or

(2)

the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention"

Hence, your patent and product must not already be in use for you to claim and register a patent.

We are here to help so please follow up with me as required.

In return remember to rate my answer positively today.

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

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Customer reply replied 1 month ago
I have further questions please

Yes, pleas follow up and remember to leave positive feedback thereafter.

Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,009
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Can I submit the patent information to you for review to determine whether or not my altered design would not infringe on this patent?

If your product adds something additional and novel to what is already available it would be patentable.

It must have some useful use in addition to the foregone.

Applying for a provisional patent rather than a full patent is something that you can consider to ensure that you can manufacture and use your product.

The review of your designs would be an additional service.

I'm not in a position to make a call just now but another attorney may call you.

Best

Attorney Bill

Ask Your Own Legal Question
Customer reply replied 1 month ago
Ok. I do not wish to patent my new design I only want to manufacture and distribute. Do I have to have a patent?

No you don't require a patent and can manufacture and design your product so long as you aren't infringing another's patent and obtain the necessary State licenses.

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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