beet wrote: ↑Fri Jan 11, 2019 8:29 pmThere is no law against copying the functional features of a product. The law prohibits copying patented inventions, not products. A product is infringing if it falls within the scope of the "Claims" in the granted patent. The patent owner doesn’t even have to make or sell any products.
(There are different laws covering copying non-functional features that are matters of aesthetic design or brand identification.)
Actually the patent would almost certainly cover the functional features. If function was not part of the patent, then all they need is a registered Trademark to cover name and appearance. Velcro is an excellent example of this law.
I would also say that there is likely little chance that ResMed would be able to receive a patent on their N30i as it is so obviously copying Dreamwear. Most would not believe that you CANNOT get a patent on something if you allow it to become public knowledge before applying for the patent. Show a picture of your new product on the internet? No patent. Since the Dreamwear has been out for years, whether it is patented or not, it will override any chance of ResMed claims of a new innovative design/product.
I didn't and don't want to dive into the patent search to see if Phillips applied for a patent on their Dreamwear. If they did not, that is a lapse in management that might cost a LOT in the long run. If they did not, ResMed and anyone else can do pretty much what they want.
Patents and Trademarks are pretty rough reading. The Government website for these gives you all you need to know. I have spent many hours researching thinking I wanted to patent a product my company makes. In the end it simply was not work the costs involved. I do however have a Trademark application submitted!
