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Product liability.

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alcatraz bird

Junior Member
What is the name of your state (only U.S. law)? Indiana
My invention is a restricted patent application. It uses a visual process and can be applied to several different applications.

My attorney has filed the primary embodiment application and in the mean time, I've built a cheap prototype for the secondary embodiment. I can construct it out of cardboard, tape & two clips for 14 cents each. The clips are the major cost of my product at 6 cents apiece in bulk.

It's use is in the automobile, but the NHTSA has mandated that products used in the interior of cars be made of "energy absorbent material" & "flame retardant" Is cardboard OK?

The large windshield shades are made of cardboard, but my invention will be used as a driving aid, improving safety. Am I covered if someone claimed my invention caused their injuries(possibly a slight paper cut) in a wreck even though it will make driving safer?

Can I get around that by placing the wording "sold for novelty use only" on my product? I have been doing that, but I didn't know if I was covered.

Thanks to whomever responds.
 


FlyingRon

Senior Member
Unless you are going to offer it to the public, you can build your prototype out of cottage cheese for all the difference it's going to make. The patent office doesn't care if you build a prototype or not.

If you do release a product that is unsafe and doesn't comply with federal regulations you do exposure your self for both civil penalties from the government as well as liability in any lawsuits that arise that they can imagine your device had some factor in.
 
flying ron help you here?

Well, yes you can make cardboard flame retardant with the additon of some additives.

Cardboard is made like this:

Paper ///// glue //// folded paper /// glue //// paper

Can be a,b,c etc cardboard depending on the paper basis wt. & folded paper attributes. Could be 2 or 3 or etc layers of folded paper

So, you can
a) have the paper made with flame retardant additive (likely the most expensive way)
b) have the glue to include an additive (low cost as most people who make cardboard make their own glue)
c) coat the board's outside surface with a coating that contains an additive (low cost)
d) any combination of a,b,c

If I remember correctly, the test for flame retardence is to place the object's surfaces to a flame for 15 sec., remove it from the flame source, and within 15sec. the flames and burning should cease. So it does not mean it has to be made from non-combustible material.

You will need to test each structure option per the testing requirements of the NHSTA.

Cant answer the other questions ...
 
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