QUESTION
Hi, I am interested in manufacturing a pineapple slicer and corer.
Asked on Feb 10th, 2014 on Intellectual Property - New York
More details to this question:
I am aware that this product was patented more than 20 yrs ago, so i would have no issue with patent infringement. But if i copy this item will there be a copyright infringement on such an item. Here is a link to pictures of the item http://tinyurl.com/l3fheu8. Thank You
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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Copyrights are based in works that contain a modicum of creativity. Further, copyrights are not available to protect functional products. While copyrights could be had in the device, it would have to be an ornamental object that is completely unrelated to the function of the device. Think of a lamp with an ornamental statuette joined at its base. Finally, you would have an argument that the product configuration has been donated to the public because of the patent that issued on the product more than 20 years ago.
Answered on Feb 10th, 2014 at 1:48 PM