It may sound a little confusing. What i am asking is say for example a patent for a remote control exists but i wanted to create a new remote control with diferent look and styling is that legal? In a nut shell is it legal to modify and change a product but still keep its original purpose?
2007-07-16 10:53:11 · 3 answers · asked by stewcat123 1 in Business & Finance ➔ Small Business
You will need to consult a patent attorney. I would suggest that the concept of your 'remote control' would have to differ substantially from those already patented. A different look alone will not suffice. Appearance is not what is patented. Invention and concept are.
To further complicate the situation, unless you invent from the start every component of your new 'remote control', you may have patent issues with existing components, or with components already patented, which have never seen day one of production.
Again, consult a patent attorney for a thorough review and search.
2007-07-16 10:58:43 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
It would all depend on what is patented. If someone holds a patent for a certain design or set of functions then you wouldn't be able to just design your own using those elements without permission or paying a licensing fee - at least not until the patent has expired.
I'm thinking you really would need to spend time researching patents for related products to see if what you wanted to do would infringe on someone's patent.
2007-07-16 11:00:06 · answer #2 · answered by Justin H 7 · 0⤊ 0⤋
It depends on how the patent for the original product is written. If the mechanism inside the devise has a patent then you cannot reproduce and sell that portion of the product without negotiating a fee to the patent holder.
2007-07-16 11:11:01 · answer #3 · answered by smussehl 1 · 0⤊ 0⤋