If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.
A new product developer has a number of legal issues to think about, but two considerations stand out above all the others: Understanding the basics of obtaining a patent and the fundamentals of product liability law will be invaluable to you. This article examines both of these matters more closely.
Patents
The first thing to determine when you are thinking about getting a patent is whether your product even qualifies for one. Every product must, in addition to being useful, be novel and non-obvious to be approved by the United States Trademark and Patent Office.
For a product to pass the "novel" test, it must be different from any other patented product in at least one major aspect. "Non-obvious", the other major requirement for patent acceptance, is a seemingly vague term. The patent office, however, has a specific legal definition in mind. A product is non-obvious when an expert in the product's category would consider it a surprising innovation. Also, if details are published about the product, or you offered it for sale, before you filed the patent application, the patent is typically denied.
Liability
You must not overlook the critical issue of liability when you develop your new product. If someone is injured or harmed while using the product, you could be held legally liable and be required to compensate them. For example, if the design for your product is defective or unsafe in some way, then a plaintiff may have a very strong case against you, so it's crucial to run thorough safety tests.
A possible defense to liability claims is based on economic feasibility. In some cases, the plaintiff must show that a safer design was economically feasible and would not have denied the developer the chance to make a profit.
In some circumstances, you might not be able to make your product completely safe. For example, if you are creating a new type of chainsaw, then there will always be some inherent danger in using such a tool. In these types of cases, the law will generally allow you a good deal of leeway as long as you give instructions on how to use the product properly and warn the user about any risks.
Product liability and patent issues are far too complex for any product developer to handle on their own. The best course of action is to look for a patent or product liability attorney who is experienced in these matters and let them be your guide as you move through the development process.
Share8 August 2018
