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Patent Infringement
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   Would this be considered infringement?
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   Author  Topic: Would this be considered infringement?  (Read 864 times)
Jon R.
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Would this be considered infringement?
« on: Nov 5th, 2007, 5:50pm »
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I was wondering if I took a product, made a mold of the shell, then made copies to customize and sell for the consumer to replace the old shell with that of the customized one, if that would be infringing on any patents? I was just thinking that the company wouldn't lose any money since the customer would've already had to buy their product before they could use mine, but then again I'm not a patent lawyer so I don't know!
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patentsusa
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Re: Would this be considered infringement?
« Reply #1 on: Nov 10th, 2007, 11:44pm »
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What do you mean by "shell"?  I think you are not getting replies because readers don't understand your proposal clearly enough.  
 
It sounds like you are probably making a "derivative work" under copyright law.  The rights to derivative works belong to the owner of copyright of the original work.  Therefore you would be violating the owner's rights under copyright law, if the original work is capable of copyright protection.
 
Under patent law, you are permitted to make a repair but not a reconstruction. There is no bright line test for distinguishing, but you could look up cases that discuss these terms to better understand how the law might apply to your specific situation.
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Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com
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