Q: I am concern about some cosmetic products from different brands that all have same patent number. What does that mean?
I am owner of a similar cosmetic and i want to know if in my packaging i must add same patent number or i need to ask permission to patent owner to do that. Product is not same but pretty similar. I need to know the step to folllow with this as we are manufacturers of our products for more than 13 years and selling our products but outside United States. We are now going to sell in US market and we want to be prepared about this. Regards.
A:
Congratulations on your business venture. I hope that it is successful. Several of my clients are in the cosmetic industry as well.
You brought up a lot of points. Let me try to answer them in turn.
(1) If products from various brands have the same number, then it likely means that the patent owner licensed the patent to a number of manufacturers. Or, it could also mean that various brands are owned by the same company, and various brands exist for legacy reasons or for marketing purposes.
(2) If you have a similar product, you are going to have to see a lawyer to determine if your product may be infringing. In case your product would infringe, you may have to take a license from the patent owner.
(3) If you are going to enter the US market, you will need to make sure that there are no other patents which you may prevent you from selling your products in the US. You are going to have to work with a knowledgeable patent attorney to prepare a patent landscape analysis, or a freedom to operate (FTO) opinion.
Good luck! If you want more information, please feel free to reach out to me.
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