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Description of the Preferred Embodiment

bladexxx's Avatar

First I would like to thank everyone for all the great advice and input posted here at Edison Nation. I have just finished with the arduous task of writing the specifications for the "Description of the Preferred Embodiment" portion of the patent. The question I have is this. There is one component of my invention that I have designed which part of the design benefits from utilizing the teachings in a disclosure from a gentleman's patent back in 1980. When I detailed the design of this component I discuss this teaching of his disclosure referencing the inventors name, patent number and date of patent. I know the patents 20 year term has expired and I make no claim on his portion of the design that I used. That being said I believe there can be no problem with this yet I have not seen this type of scenario in a patent description portion of an invention and I just need someone knowledgeable in this area to give it their blessing or not..

Thank you for your time and effort in answering this.

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magurn's Avataren_staff_badge

Hi Harry!

From Edison Nation's perspective, it is not our policy to provide legal guidance for patent matters - we would suggest speaking with a patent attorney to gain guidance and direction in this matter.

We wish you the best of luck!

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