Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: 79crash on December 05, 2018, 04:14:36 AM

Title: Two Patents Exactly the Same?
Post by: 79crash on December 05, 2018, 04:14:36 AM
There is a grille design for a 2007-2017 wrangler.  I already designed a version of the grille for the 2018 and 2019 wrangler.  I found a patent on the JK grille.  Then I found an identical patent on the grille that is even referenced in the first one I found.  How is that possible?  D815571 references D800226.  That has me puzzled.  I'm worried that my design, even though it has different function, will infringe one those 2 patents designs.  I have no idea how those two dont infringe on one another.  But I want to understand if I'm missing something.
Title: Re: Two Patents Exactly the Same?
Post by: Brad on December 05, 2018, 09:58:24 AM
Those are pretty darn close.  I am not an expert in design patents but the fins on the front of the grill seem a bit different between those two patents which is maybe why the second one was approved. 

Design patents are easier to get approved than utility patents because if you just make a small tweak or change to the appearance of the device you can likely get your own design patent approved.  The downside to this is that people may be able to make a small tweak or change your design to get around your patent.