Where to find information about Patent laws?

[Bradk3]

Not sure where to put this, but this looks like a likely spot.

Can any one point me to a good resource for understanding patent laws. I have been commissioned to design a project for a small company, however I've found two fairly similar patented devices. I would like to know if I should proceed in my design or advise the company to give it up.

So, are there any resources for the layman or will I be shelling out $$ for a patent lawyer?

 

[Loss Leader]

Not sure where to put this, but this looks like a likely spot.

Can any one point me to a good resource for understanding patent laws. I have been commissioned to design a project for a small company, however I've found two fairly similar patented devices. I would like to know if I should proceed in my design or advise the company to give it up.

So, are there any resources for the layman or will I be shelling out $$ for a patent lawyer?

As an attorney, let me answer like this: You have no hope of ever being able to understand whether the device you were commissioned to design would infring on any of the patents held by the designers of similar devices. The only recourse the company has is to consult a patent attorney. The attorney may say one of three things: 1) the concept isn't infringement; 2) it is infringement but, for some reason or other, it doesn't matter; or 3) it is infringement and they have to get a license.

I promise you, we lawyers have designed the system so that you cannot make this judgment correctly on your own. Tell them to get a lawyer to look into it.

 

[Horatius]

Well, for a good site on Canadian Patent Laws, you could go here. There's links to tutorials on how to apply, and what you need in the aplication, and all that.

What looks to be a similar site from the USTPO is here.

Our laws are similar enough in principle that the general information will likely apply to both, but there are some quirks to each, so be careful.

 

[Bradk3]

I promise you, we lawyers have designed the system so that you cannot make this judgment correctly on your own. Tell them to get a lawyer to look into it.

*Sigh* &%^$ lawyers...

Thanks for the tip. I was hoping one of the lawyers here would speak up. If the company's still interested, I'll make them get a lawyer before I do anything.

 

[Bradk3]

Well, for a good site on Canadian Patent Laws, you could go here. There's links to tutorials on how to apply, and what you need in the aplication, and all that.

What looks to be a similar site from the USTPO is here.

Our laws are similar enough in principle that the general information will likely apply to both, but there are some quirks to each, so be careful.

Thank you for the links. While I will be having the company consult a lawyer, at least I can get some idea of whether there's hope or not.

 

[casebro]

They may want to get a patent of your own on "an improvment". Especially if the other patents owners have allowed their claims to expire- patents are granted in intervals, then renewed, for a total of 17(?) years. If your comapny thinks the idea is important enough to pay you, they'll probably think it's important enough to hire a lawyer.