More details to this question:
I purchased repair kits (ratchet gear mechanism) from a manufacturer of said ratchet tools. Is it patent infringement to reverse engineer the geometry for the gear housing (where the repair kit would be installed)? My design has some novel improvements and is completely new besides the area where the gear mechanism would reside.
1 ANSWER
Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
Partner at
Claiborne Patent Law Services
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Reverse engineering, meaning examining an article or apparatus to determine how it is made and how it works, is never illegal in the U.S., regardless of whether or not there are patents on the object. What you do with the knowledge obtained by reverse engineering, however, can potentially give rise to infringement issues.
Suppose, for example, the product has a patented aspect A, and based on your knowledge obtained by reverse engineering the product, you conceive of an additional aspect B which when combined with A improves the product. A product practicing a combination of A and B could infringe the patent on aspect A, even though it is an improvement on a product that practices A alone.
Consult a patent attorney for advice and counsel regarding potential infringement issues when improving a patented product.
Answered on Feb 13th, 2023 at 9:41 AM