Chandler, AZ asked in Patents (Intellectual Property) for Arizona

Q: I want to use an ice cube bag tray to sell my product that has a patent. Can I still use it without legal issues?

I have seen many of these types of ice cube bags sold on amazon, but I want to clarify if I can fill them with my liquid and sell them.

2 Lawyer Answers
Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Patents Lawyer
  • Seattle, WA

A: To conduct a worthwhile patent analysis, please provide an experienced patent attorney with product photos or samples along with the patent(s) at issue.

Your question is unclear if you are making, using, selling, or offering for sale a patented invention.

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: Well, yes, I think that this would be fine.

You are buying bags through Amazon from the holder (of licensee) of the patent, and putting your liquid in them and selling them to end users. The reason why there is a patent is so that the owner of the patent can keep others from making such bags, and thus is able to sell the bags at a higher price then if there would be competition. The patent owner makes money by making and selling his bags. The patent owner would not be suing his own customers.

It is possible that there is some situation where the bag maker sells his bags, and sues those who use the bags, but that would be a very weird.

1 user found this answer helpful

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