How can I tell if my product would infringe on a previous design patent?

Question

I am looking to manufacture and sell a "cocktail shaker set" I've found a few patents that might prevent that, but I have no idea how patents work nor do I know if so.ething this broad can be patented? There may be more, but here are some that I'm worried about... 1. USD483982 S1 2. US6913165B2 3. US20040066705A1

Any help would be very much appreciated!!! Thank you in advance.

Answer 1

USD483982 is a design patent. Design patents cover the ornamental design of functional objects. Basically the shape of the object. For design patents granted before May 13, 2015, the term of the patent expires 14 years from the grant date. Thus, I believe that patent expired on April 15 of 2017. US6913165B2 is the granted patent associated with the patent application US20050066705. You only need to concern yourself with the granted patent. US6913165B2 is a utility patent. It will expire 20 years from its priority date of October 7, 2007. To understand what it covers, you need to read the claims. Claim 1 is the only independent claim.

1. A cocktail shaker far mixing drinks comprising

   (1) a shaker top consisting of

   a. a dome portion, said dome portion having an opening at one end for pouring mixed drinks from said shaker, and

   b. a separate cylindrical portion secured to said dome portion remote from said one end opening, said cylindrical portion having

   (i) a stepped portion for receiving said dome portion thereover and

   (ii) a channel on the periphery of said cylindrical portion; and

   (2) a container for receiving drink materials for mixing, said container consisting of

   a. spaced apart insulating wails, and

   b. a smooth circumferential lip bridging and securing said walls together; and

   (3) a sealing gasket seated in said peripheral channel,

   said sealing gasket having flexible ribs extending from said channel adaptable to removably seal said cylindrical portion within said container when said top is installed within said container.

To infringe on this patent, you need to implement each and every step described in this claim. You need to be aware that other patents may exist. A good first step to finding them would be to read the cited patents to US6914165B2.