Patented product

[netgirl1973]

I wanted to manufacture a product but found out it was patented in 2006. But that company is not manufacturing that particular product. Is there an alternate route? Does this mean, my plan is over?

Another fact about this product is the product has been around for almost 30 years. They are selling it in Asia but not in US and I do not think it was patented at all.

 

[SandraMSovin]

At least several alternatives exist. First, depending upon the scope of the patent claims, you may be able to design around. A professional clearance opinion would be beneficial. You could potentially seek license from the patent owner. Or, perhaps the patent owner will not pay the maintenance fee and the patent will go abandoned next year. You could keep watch on that status, but noting that revival can still be accomplished under certain facts and upon payment of certain fees. Lastly, if you had the funding and desire, if you believe the patent to be invalid based upon prior use/invention by another, you could seek to challenge.

Which course depends upon the facts of your particular situation. Feel free to contact me directly if you'd like to speak with more specifics.

Kind Regards,

Sandra M. Sovinski

 

[Michael Wechsler]

I wanted to manufacture a product but found out it was patented in 2006. But that company is not manufacturing that particular product. Is there an alternate route? Does this mean, my plan is over?

Another fact about this product is the product has been around for almost 30 years. They are selling it in Asia but not in US and I do not think it was patented at all.

As was stated, there can be many alternatives but, with patent, much is specific to that particular patent and what you wish to do. The only way to know for sure is usually to speak to a patent attorney. Did you find the patent registered - what do you mean that it was patented in 2006? Just because a company isn't manufacturing an item at present that utilizes that patent doesn't mean they cannot defend their patent against second comers who wish to do so.

 

[netgirl1973]

The patent was registered in 2006 in US. I do not plan to challenge the company over the patent because I rather spend my money in doing something more productive rather than fighting over rights. I probably will consult a patent attorney whether I can go around the design or I license from company that owns the patent.
Another questions: If the patent exists in other country and it was manufactured there by other company and I buy their product and sell it as retail. Am I in violation?

 

[Michael Wechsler]

If you buy someone else's product and sell it, that is not a patent violation. I'm not sure if you're asking a question about grey market goods.