Allen, TX asked in Patents (Intellectual Property) for Texas

Q: Can we manufacture and sell this product

We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we manufacture and sell this product as is or with modifications

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Those are granted patent numbers. If you make, use, sell, or offer to sell a product in the United States that is covered by these patents, then you will be infringing. As you know of the patents, they may seek to enhance the damages up to 3x for willful infringement.

You need to either design around these patents, work to a position where you know the patents are invalid, or obtain license rights if you you want to operate in the US or any other country where there are patent rights on this product.

This may not be the answer you wanted to hear.

You need to consult with a patent attorney with the proper skills to guide you through this process.

Regards,

Kevin E Flynn FLYNN IP LAW

John B. Hudak
John B. Hudak
PREMIUM
Answered
  • Patents Lawyer
  • Milford, CT

A: A full analysis should be made to determine if the proposed product infringes on the found patents. If non-infringing, it may also be prudent to do a full search to determine if the product infringes on a patent not yet discovered.

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