What are the legal ramifications in making a kit that clones a EOL product?

[dante]

So say one day someone came out with a kit for a trackball that is a clone of the Microsoft Trackball explorer; maybe even going for the crowdfunding route to fund it (Molds are spensive y0)

Even with many changes (PBT Shell, High quality Japanese switches/electronics, ceramic bearings, possible bluetooth) ... the lawyers from Microsoft might not be pleased.

In addition to the above changes would making this a kit help keep it off the suits radar?

[tp4tissue]

We must decide.. What type of capacitors to use..

Polymer  or Electrolytic.. 

[digi]

I'm no expert but don't you have to renew the Copyright or Trademark every year or something to keep the patent? dunno

[VinnyCordeiro]

You better ask a lawyer. From the little I know, IP laws in the US are a complete mess.

[Oobly]

The way it works is covered by patent (if there is some novelty to this and they actually applied for one), the way it looks / design is <probably> covered by copyright. Patents expire a LOT sooner than copyright, so as long as it looks different enough it should be fine. Or if it's too small a niche product and / or doesn't sell well it may be ignored by MS.

Copyright can't cover technical functionality and patents usually can't cover design, unless the design itself introduces some novelty to the functionality of the product.

Patents need to be applied for and are expensive. Copyright is automatic in most countries and costs nothing.