Q: There is a product I want to rebrand, I cannot find a patent on this item. Is this possible?
A:
It is possible that the product you are looking at is not covered by a current patent.
The best place to start is with the product itself and the packaging that comes with the product. There is an incentive to mark the patent number on the product or at least a web page address that lists the patents. Failure to do so can result in a loss of damages during any lawsuit.
To take things a step further, you can do some patent searching using public tools. http://bit.ly/Patent_Searching
It is possible that a patent application has been filed but not yet granted. Depending on the status of the application, it may not have been published yet. So even doing a diligent search won't reveal whether a patent application is on file that may someday issue as a patent. However, if they had a patent application on file, it is likely that they would make the optional marking of patent pending on the product to warn people.
If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338
Kevin E Flynn
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