I have designed and manufactured a sport goggle similar, but not identical to expired (or non-renewed) patent 4176410. My goggles have a different style, configuration (pointed edges vs squared), dual interchangeable fog resistant lens vs single lens, reversible adjustable straps with adjustable buckle vs one sided strap with velcro closure, and a variety of colored frames, straps and lens. A patent search was done by Legal Zoom, which didn't even address the above mentioned patent which i found on my own to be simiilar. How can I proceed to patent my design without risking an enfringement? I consulted a patent attorney who said there is no risk due to the differences and another who said there is no risk due to the expiration of this patent and another who says I am still at risk??? Advice please...



1 Answer 1


Patent 4,176,410 at least is long dead (i.e. very expired). Of course, there could be other patents out there to worry about, but 4,176,410 is not a problem for you.

You can see when this patent expired using the USPTO Patent term calculator.

If you do decide to file your own patent, however, be sure to cite 4,176,410 so that the examiner can look at it and review it properly.

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