What do you know about patents and "knockoffs"?

Here is my dilema... There is a type of machine for sale on eBay and it sells fairly well (by only 1 seller BTW and only 1 unit every couple days). Its not overly complex and would need some casting, machining, springs, lever, etc. Thing is I can find nothing about patents for this machine or any of its parts and I don't have one to look at to see if its labeled as having a patent.

I know from Alibaba there is a company claiming to be a manufacturer of this item in China or they are making a very convincing knockoff. The price is good thing is after paying shipping to the US and then a forwarder to actually get it to me the price goes up considerably. If I can legally produce these here myself I could get them for a great deal less increasing my profit margin (especially since I would use recycled aluminum cans instead of cast iron for the main structure).

How do I find out if I am going to dig a hole for myself because of legal problems?

Right now its 100% day dreaming really but not being able to get the answers myself I bring the Q to you... if it would be an illegal knockoff how obvious is it?

I suspect that most of the patents were from Bridgeport and the like....and most have likely expired. Do a patent search for things like "dovetail ways", etc.

This is probably bad advice:

Start a llc and go for it! Make sure the llc don't own anything, and don't do it out of your house. If you don’t have a commercial rental addres, use a PO Box. If you own a commercial building, personally rent it to your corporation, and make sure your corporation makes monthly payments to yourself. You don't even need insurance, unless u personally meant to do something wrong. If your business takes off big time, THEN hire patent people, etc. No one wants to sue any company that doesn’t have any assets. You need the "corporate veil" Better yet, start 2 corporations. Corporation “A” makes the machines for Corporation “B”, who sells them. If someone calls “A” and says “hey, I think your infringing on my patent” just say “I don’t make them, I just buy them and re sell them”

If your already selling them on e bay, and you don't have a llc or inc, your kinda wide open, if you personally have anything, like a house!

Also, don’t spend thousands of dollars to a lawyer to file for a corporate name; you can do it yourself in no time, I think my bro spent about $20 to file his corporate name.

I did the same kind of thing in the 80's with a tool i invented. I didn’t have the thousands of dollars to hire patent lawyers, and that "free invention" stuff on TV, is just BS, they size it up for free, then tell you how much it will cost you! So i just went for it, and sold them. I got a few letters asking if I had a patent, and I always answered, "Patent Pending" in reality, it was pending on, if i could come up with some money!

Spend $100 and see what your lawyer has to say about that.

Good Luck from Spring Lake cnc llc