Legal Question in Intellectual Property in District of Columbia

Machine Design - IP Issues?

I want to produce a clone of an existing machine/device. The producers of the machine have no patents on its design and in any case, the design has been unchanged for more than 20 years.

Can I duplicate the machine part-for-part and sell exact clones?


Asked on 7/22/08, 11:50 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Machine Design - IP Issues?

A patent is generally valid for 20 years from application or 17 years from issue. So it is possible that there is a still-valid patent. If there is any special non-functional design, it may be entitled to trademark protection as well.

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Answered on 7/23/08, 9:07 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Machine Design - IP Issues?

I think that I would research this further than just a simple patent search at the USPTO. I would pay a professional searcher to make a general search of the relevant class and subclasses before I made the decision to manufacture an existing machine.

Patrick Tracy

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Answered on 7/22/08, 11:56 am


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