I want to make something that is patented...

[Synthetikat]

What is the name of your state (only U.S. law)? Mighigan

I found something online that I found to be overpriced. I know I can make it myself but from what I understand there is a good possibility that the design is patented.

Since I will be making this for myself only and not selling, would it be illegal for me to make it?

Let me know if you need anymore information.

-Lindsay

 

[divgradcurl]

What is the name of your state (only U.S. law)? Mighigan

I found something online that I found to be overpriced. I know I can make it myself but from what I understand there is a good possibility that the design is patented.

Since I will be making this for myself only and not selling, would it be illegal for me to make it?

Let me know if you need anymore information.

-Lindsay

Technically, yes. See 35 U.S.C. 271:

(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

So "making" is sufficient for infringement.

That said, if you are just making one example of the product for your own personal use, the risk would appear very low that an infringement suit would be brought against you. Possible, but very low.

 

[Synthetikat]

Thank you for your reply.

I was reading more on the product and it is apparently "patent pending" and I'm not sure if that changes anything.

I'll add that it is clothing in which electroluminescent wire is added to make it appear to be glowing. Seeing as how this would probably grab a lot of attention it's probably safe to say that if noticed by the right people I could easily get in trouble for it.

This is disappointing to hear though because I've seen people use this lighting to make clothes glow in different ways. I'll probably have to suck it up and buy it.

 

[divgradcurl]

Thank you for your reply.

I was reading more on the product and it is apparently "patent pending" and I'm not sure if that changes anything.

I'll add that it is clothing in which electroluminescent wire is added to make it appear to be glowing. Seeing as how this would probably grab a lot of attention it's probably safe to say that if noticed by the right people I could easily get in trouble for it.

This is disappointing to hear though because I've seen people use this lighting to make clothes glow in different ways. I'll probably have to suck it up and buy it.

If something is "patent pending," that means it is not patented, but a patent has been applied for. So, you can make and sell stuff during the "pending" stage, but if a patent does issue, you can be sued for whatever you make or sell after tha patent issues -- and maybe even before, in some cases.

There may be ways to make clothes glow that is not covered by an issued or pending patent -- if you can find something, you would be free to use it.

 

[Synthetikat]

There may be ways to make clothes glow that is not covered by an issued or pending patent -- if you can find something, you would be free to use it.

The designer has not mentioned what he uses to make it glow. I only take what I have learned from what I have read about other people making clothes that glow by using the wire.

 

[danktransaction]

I have an idea for a process that a very similar patent that may already exist.

I have an idea for a process that an eerily similar patent may already exist. In reading some patents that I found on the web, I found a strikingly similar process to an idea I have been working on and to hopefully patent soon. Now I am afraid, to be quite honest, that what I read about the patent so far could potentially be construed to my idea depending on interpretation.

Is it possible that it might possibly be a matter of the interpretation of what the process does and what the true function of it is, that could make it possible to not infringe on an existing patent?

If something is patented what type of royalties are owed to the patent owner?

Thank you in advance for any advice.