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[riidick]

I have a generic electronic item that has the same design and features but with different colors and text on the keypad.   Is this item patentable?  I have a competitor that is threatening me for litigation if I dont stop selling this item even though it has different colors.   Im not sure if he has a patent or not since this item is generic.  How long would it take for me to get a design or utility patent if If I want to patent this generic item as my own?  Any help is much appreciated. 

[NJ Patent1]

I have a generic electronic item that has the same design and features but with different colors and text on the keypad.

“Generic” is a term-of-art from TM-law.  Do you use “generic” to mean “known” or known for the same or substantially the same function?  In any event, color, dimensions, etc. rarely have patentable weight for a utility patent (check USPTO web page for explanation of different kinds of patents).

Im not sure if he has a patent or not since this item is generic.

What did the owner of the putative patent say?  Is the product marked w/ a patent #?  Ask (or better have u ratty ask),  or do a search.

How long would it take for me to get a design or utility patent if I want to patent this generic item as my own?

Assuming “it” might be patentable.  Are you 65+ years old?  If you got a patent fast is there someone you could sue?  Do you want to pay for expedited (track I) examination?  Do you want to use “accelerated examination”?  If you answer no to all above, figure 3 to 4 years unless YOU keep the pedal to the metal.  A design might be faster (but what are ur ornamental features?)