QUESTION

Am I committing patent infringement by using another product in my invention?

Asked on Mar 10th, 2011 on Patents - Washington
More details to this question:
I have a patent for a product that does not bear any resemblance to any other products in its field, and I have discovered that I can simplify it by incorporating the use of Velcro to attach padded forms to a solid base underneath. Another patent in the field also uses Velcro to attach padded forms to an entirely different type of solid base underneath. Will I be infringing on this patent if I incorporate the use of Velcro in this way?
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1 ANSWER

Intellectual Property Attorney serving Spokane, WA at Malhotra Law Firm, PLLC
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It is possible. The only way to know for sure is to examine the claims of the other patent against your design. If you meet the limitations of any of the claims, a product manufactured according to your design will infringe the other patent. You should have a patent attorney perform this review unless you have experience with claim interpretation. Just because you obtain a patent does not mean that you are not infringing other patents. Similarly, it is possible to obtain a patent that builds on someone else's design.
Answered on Mar 11th, 2011 at 12:08 PM

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