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patents
Posted by . updated on 9/14/2007
If someone has something patented, could I make something something similar but different or is this infringement? I came up with an idea but found someone had patented a similar one 10 years ago. It's close to mine yet different and theirs is not on the retail market. Can I proceed marketing mine and try to get a patent?
Answers (2)
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Sanaa T...
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Quote: "If someone has something patented, could I make something something similar but different or is this infringement?" Yes, you can but the essence of the matter is the DIFFERENCE, it has to be a substantive difference so as to change a vital feature of the existing invention. You definitely need a prior art analysis search report done. I'm sure this link might be of help to you: http://www.patentexpress.com/patent-101-video/how-do-you-know-if-you-have-a-great-invention_69_9.html and this one as well:
http://www.patentexpress.com/ip-overview-video/what-is-prior-art_8_1.html. You can even check out this link while you're at it: http://www.patentexpress.com/patents/prior_art_search_price.aspx
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PATRICK...
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The answer to your question lies in the analysis of a prior art search. You need to perform an exhaustive search of the patent datbases as well as other sources of information and have a patent agent or attorney interpret the results for you. Contact a reputable agent or attorney to assist you in this process. Good Luck!!
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