Hi. Had an odd call about a fabricated product I have made that has similarities but not a direct copy of someone else's. eg dimensions and structure differ but the function is inherently the same. This is a physical metal item with 4 parts and is used in a process. The item appears to be not patented and the profit from sales over the years would be much lower than the cost to do so. I'm wondering if the other party has any course of action if they have not patented the design. It appears that they have made a similar product for some length of time and have not patented it. They certainly made claims that they could and would. I found a few links that appear to suggest that because they failed to patent it and it's been well over 12 months that they now no longer can - New Inventors: How to patent your invention So I'm figuring "if" they have no other options and may now not be able to patent the design, I may be safe. I appreciate any help, first time I've ever encountered this and not sure what to do next.