Legal Question in Intellectual Property in Ohio

I am interested in having an all plastic hook and eye closure made for garments. There is already a patent for hook and eyes but the ones that are made today are metal and then coated with plastic. If mine are made of all plastic would this be considered a different product? The standard hook and eyes are used for bra closures, skirts, etc.

Juanita Rivers


Asked on 6/03/10, 3:53 am

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

In general terms, patents cover many different types of material. If the patent exist for a mechanical closure such as you describe, It would cover any embodiment that would be made regardless of the material. However, without reading and examining the patent, I cannot say for certain that your design would infringe on the subject patent. Contact an attorney in your area to review the patent and express an opinion on the matter.

This is not to be construed as a legal opinion, but only general information.

Patrick Tracy

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Answered on 6/03/10, 7:32 am
Kevin B. Murphy Franchise Foundations, APC

As the other attorney says, patent law is complex and requires the use of a patent attorney to examine the claims, etc. made by the other patent holder. Yours is not a simple question that can be answered on this bulletin board. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/03/10, 9:02 am


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