Legal Question in Business Law in Illinois

patents

If someone has something patented, could I make something something similar but different or is this infringement? I came up with an idea but found someone had patented a similar one 10 years ago. It's close to mine yet different and theirs is not on the retail market. Can I proceed marketing mine and try to get a patent?


Asked on 9/13/07, 9:28 pm

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: patents

The answer to your question lies in the analysis of a prior art search. You need to perform an exhaustive search of the patent datbases as well as other sources of information and have a patent agent or attorney interpret the results for you.

Contact a reputable agent or attorney to assist you in this process.

Good Luck!!

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Answered on 9/14/07, 5:52 am


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