質問
I have an idea that basically is an extension to a current patent, but I want to take a few features out of it and add my own. What things do I need to look out for to avoid patent infringement? What their patented product is for is different than what mine is for. For example: ( Hypothetical) A patent is in place for a desk lamp. I want to take a lot of the same technology and process and make it a Scentsy electric wax warmer. What I want to do is very similar to that example, how did Scentsy get around it, enough differentiation?
Thank you,
Jeremy
回答: 3 public & 0 非公開
Attorney Weinreib is right.
The question you asked was whether your new gizmo would infringe a patent on the existing product. What you didn't ask is whether you would be entitled to your own patent on the gizmo. Please understand that the latter is a different question, and would have a different answer.
It's possible that your gizmo would be patentable despite the fact that it incorporates a lot of structure and functionality of the product. It would need to involve patent-eligible subject matter, and would need to be novel as compared with the totality of the "prior art," and moreover would need not to be obvious to a person having ordinary skill in that "art" from a combination of different items of prior art.
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