Also, there was some famous businessman that said "I don't ask lawyers 'What can't I do?'. I ask them 'How can I do what I want to do?'".
Also, there was some famous businessman that said "I don't ask lawyers 'What can't I do?'. I ask them 'How can I do what I want to do?'".
If you are at all interested in pursuing the idea, talk to a lawyer. If you go forward, you'll need a lawyer sooner or later, and believe me-- it's much more cost effective to spend the money sooner than later.
Forgive the blasphemy, but I disagree.
There's almost always gray area and, depending on the lawyer you talk to, they will tend to be careful and conservative, often to the extreme of "killing the deal" before it ever has a chance.
I recently had a friend who refused to sign an NDA based on the advice of her lawyer. This killed a fantastic deal for her. IANAL (bragging, not complaining), and IMHO, based on her situation, there was a .01% chance she would have ever had any problems.
Never say always, only, or never. Oops.
Similarly, not every surgery is successful-- but I'll take my chances on a Board Certified Surgeon over a random member of the public, anyday.
In this case, the downside of not having proper legal advice is substantial-- being a defendent in a patent infringment can't be much fun-- and the cost should be minimal.
The lawyer provides legal advice. Their job is to be pessimistic and bring up all potential issues because that is what you pay them to do. A lawyer is a risk assessor. It is up to the client decide upon a course of action based on the lawyer's legal advice.
A lawyer does not provide business advice, or scientific advice. Do not blame your lawyer if you kill a perfectly valid business transaction based upon the lawyer's advice regarding the legal risks of the transaction.