Asked in Patents (Intellectual Property) for New York

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 .

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

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.

Ahaji Kirk Amos
Ahaji Kirk Amos

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.

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