QUESTION
My invention was patented in the 1920's, but has a slightly different shape. What are the chances of it being awarded a patent?
Asked on Jan 06th, 2017 on Patents - Illinois
More details to this question:
The purpose of the invention, however, is the same as the invention mentioned above.
1 ANSWER
Advocacy Attorney serving Plantation, FL
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The Rapacke Law Group, P. A.
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Dear Kimberly,
Thank you for the question. The answer to how much of a different between shape and appearance is enough really depends on whether an "ordinary observer" would view the design as the same. Now keep in mind the earlier art is from the 1920's so infringment is not an issue. I would recommend setting up a call to discuss. Please let me know if you are available for a phone call. Have a great day.
Sincerely,
Andrew
Answered on Jan 09th, 2017 at 5:30 AM