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Can I make a sewing pattern of something similar to a patent protected item?
Posted by Anonymous . updated on 2/26/2009
I have a small company where I design and sell sewing patterns. I've had several requests to make a pattern for an item that has a patent on it. I'm just not that familiar with patents. If I design an item similar to the patent protected item and sell only the pattern to make it . . . is it still infringement? How "different" does it have to be?
Thanks!
Answers (4)
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Criteri...
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Hypothetically the thing, or one of the things patented here could be a novel method for creating a specific sewing pattern. Or the patent mentioned could be a design patent, which simply protects the ornamental "non-utilitarian" design of a "utilitarian" product - which could possibly be replicated by a sewing pattern.
I wouldn't envision any sewing pattern infringing on the average type of patent, but its still largely impossible for anyone here to say you're in the clear without knowing more. And even if you are not infringing, perhaps you are helping others to infringe, in which case complications could arise there.
As far as determining patent infringement, that depends on a patent's claims.
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TataBox...
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Quote from: wbaine on 01-07-08 at 02:08 pm I have a small company where I design and sell sewing patterns. I've had several requests to make a pattern for an item that has a patent on it. I'm just not that familiar with patents. If I design an item similar to the patent protected item and sell only the pattern to make it . . . is it still infringement? How "different" does it have to be?
Thanks!
You say there is a patent on an item that has a pattern on it? I assume this is just fabric? I do not think this has anything to do with a patent, but more with a copyright. I also do not think there is some novel method in which to come up with the pattern, you are just designing and sewing patterns, it would take much to be able to patent a method in which to sew a pattern.
But Criterion D is correct, it is impossible to say without knowing more. However, since I believe you are talking about copyright, find that pattern registration number from the company or search the US Copyright Office for company patterns and order the images. The test here is "substantial similarity."
Regards,
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wbaine
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That item its self is not a pattern. It is an actual physical item with a design patent. I just didn't know if my creating a sewing pattern to create the same item would infringe on their patent.
It doesn't seem too, but I've not been able to find anything specific regarding creating patterns of a patented item.
Thanks for your input!
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Insanitek
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I am having a similar problem, but in reverse. I want to make a tangible item out of a pattern in large quantities, then sell them. The pattern itself is copyrighted, but what we intend to use it for is not.
We intend to use a plush animal pattern to make animal shaped items, that are not plush animals, but are made out of fabric. We are just going to stuff them with things other than cotton.
I've looked up and down the Internet and looked around our local supply of lawyers for anyone that knows patents. I've had no luck so far. Any advice you can offer on where to renew my search on the Internet or in the Lafayette, Indiana area in person? Thanks ahead of time!
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