How can I know whether I will be infringing a patent?

Question

I have a business idea, and I know that there is a patent in the US for a similar idea, and also a patent in the European Union for another similar idea (a lost and found system).

Please note that I am *not* looking for a patent for my idea.
I am based in Switzerland.

I just would like to know:

1-am I infringing any of both patents (or another one) if I go on with my idea?
2-what would be my risk if I go on with my business idea?

Note that I have limited resources to invest, so I should find a reasonable way to find out...

Thanks for the guidance..

Answer 1

Difficult to determine an answer. The patent system can be very tricky. My son is a patent attorney, and tells me that you can be in either whole or partial violation of a patent, depending on the nature of your intended product. As an example, if one part of your product is patented, you would be in violation of THAT patent, even though the end product itself might not be in violation.

Your decision might rest on how much start up cost is involved with getting your product to market. If the start up is relatively inexpensive and you are challenged by a patent holder, you don't stand to lose a great deal. However, if you need to spend a half million Euros to get it to the market and THEN you are challenged, your loss could be huge.

I can only recommend engaging the services of a qualified patent law firm to investigate your potential risk of being in violation. Not inexpensive, but a worthwhile investment to secure your rights to your work, OR to find out if you are in violation of another's work.

Answer 2

That appears to be tricky.. if the idea is only similar and not exactly the same you should be OK. But it could get rather tricky. You may be falling under the Indirect infringement aspect. If there is a patent on something the respective patent office would have to view it as being something quite unique or novel to begin with. eg can you patent an internal combustion 4 stroke engine?

Answer 3

It is sure better to have your answer before you try marketing a product that is an infringement than after. This is one of those costs of business where an attorney's fees will be far less than the results if you don't have an attorney. Relax... the fees are deductible and alot less expensive than fighting a lawsuit. There are some frivilous suits out there like the case of Louis Viton suing a designer dog toy brand of "chewy viton". What attorney in hell did they hire???