Patent / Copyright query

[Snick]

Hey guys, First off let me just say hello, just joined the forum after randomly stumbling across a legal thread, you guys seemed very helpful and knowledgeable, so I wondered if anyone would mind informing me on the following queries.

What I need is a bit of info on some legal issues before I proceed further. Now I was thinking of starting a little business, but I had some quires about possible copyright / patent issues. I'll give you a little run down of the issue:

What I wanted to manufacture was a tiny part to another product, I had some variations on color / style etc. which I thought maybe a nice small business to start off with.

The piece I'm wanting to make is the nib to a specific tool. The tool and all the workings of the tool do have patents, but the nib does not, not surprisingly, seeing as it's just a stick of plastic in all honesty. But could anyone inform me whether it would be legal to manufacture / sell these tiny nibs, in color variants, would I be infringing any copyright / legal issues? The nib would have to be the same length / shape / thickness, but surely all this would do would only be infringing on a specific patent...if it existed, correct?

I know I would not be able to use the tools brand name in advertising etc. But other than this, would there be any problems?

Any advice on this would be great. Thanks for any help.

 

[ANOTHER REBEL]

It would help if you were a little more specific. I have researched patent law for clients, and it is a complete minefield. It might not be patented in this country, but depending on the potential market, you might find it already patented in other Europe, America or some of the other Commonwealth Countries. China is a law unto itself and just copies anything.

Colours and materials, are not subject to patent law, and therefore simply changing the colour would not be sufficient.

I am currently assisting clients with the finance and grant applications to develop a tool for the aerospace industry.

I do not profess to be an expert, but if you want to supply further details I may be able to give better advice.

 

[Eagle]

I take my hat off to Patent Attorneys - must be a nightmare.

 

[David Warrilow]

Hi Snick

I'm a patent attorney at London IP.

Without specific information I cannot provide any professional advice.

Hiowever, it seems there are a number of points to consider, including registered designs, unregistered design rights, possible 'contributory' infringement of any of the patents you are aware of (see section 60(2) of the patents act):

http://www.ipo.gov.uk/patentsact1977.pdf

and, indeed, possible direct infringement of the patents.

Given the possible complexity of the situation I would recommend seeking professional advice.

Cheers

David