Q: How can I sale a patented product ?
Hello , I have recently made incursions towards making a brand out of a specific product and discovered that is patent protected . Us 8,246,496 ; 8,579,737 these are the patents , now my question is , how can I sell them . Is it enough if I modify something in the product or do I need approval fron the patent holder ?? Thank you and best regards .
A:
You are going to have to hire an attorney to help you with this. Especially if you received a cease and desist letter.
You should also note that there are 4 other patents in this family (specifically, 9,162,127; 9,463,367; 9,480,894; and 9,999,816) that might be relevant to you.
You don't need approval from the patent holder, but you should get a non-infringement opinion from your attorney or a license from the patent owner.
A:
You need an attorney to help you design around the patent, if possible. Otherwise, you'll be opening yourself up to big trouble.
If you are not producing the claimed invention, you need to get a clearance opinion from a registered patent attorney. Feel free to reach out for a free consult. https://calendly.com/ahajiamospllc/15min
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
