Am I committing patent infringement by using another product in my invention? 3 Answers as of March 23, 2011

I have a patent for a product that does not bear any resemblance to any other products in its field, and I have discovered that I can simplify it by incorporating the use of Velcro to attach padded forms to a solid base underneath. Another patent in the field also uses Velcro to attach padded forms to an entirely different type of solid base underneath. Will I be infringing on this patent if I incorporate the use of Velcro in this way?

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DANIEL NESBITT | Hasse & Nesbitt
Patent infringement can be a complex analysis of the actual scope of coverage of a patent, and the legal limits to which a patent claims might be asserted without running into invalidity problems. It is unclear from your question in the "other patent" has claims that require an entirely different type of solid base than you are using, or merely discloses such. I strongly urge you to contact a patent attorney to assist in this matter. Please contact me is you would need such advice.
Answer Applies to: Ohio
Replied: 3/23/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
A patent infringement analysis is required by an experienced patent attorney in order to answer that question properly. I recommend the patent attorney: (1) study your patent, including your claims, (2) compare your new Velcro feature to the prior design element you used, (3) review the prosecution history of your case, (4) review the "other patent" you mentioned and its prosecution history with the U.S. Patent & Trademark Office. Additional searching of other prior art in your technical field may be required.
Answer Applies to: California
Replied: 3/13/2011
Malhotra Law Firm, PLLC
Malhotra Law Firm, PLLC | Deepak Malhotra
It is possible. The only way to know for sure is to examine the claims of the other patent against your design. If you meet the limitations of any of the claims, a product manufactured according to your design will infringe the other patent. You should have a patent attorney perform this review unless you have experience with claim interpretation.

Just because you obtain a patent does not mean that you are not infringing other patents. Similarly, it is possible to obtain a patent that builds on someone else's design.
Answer Applies to: Washington
Replied: 3/11/2011
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