Martinsville, IN asked in Patents (Intellectual Property) for Indiana

Q: I want to make patented bee protecting mushroom extracts (patent of Paul Stamets). Are they still active? Can I use it?

Specific mushroom extracts: reishi, amadou, and chaga. I don't understand how someone can stop others from selling a natural product.

1 Lawyer Answer
Carl Massey Jr
Carl Massey Jr
PREMIUM
Answered
  • Patents Lawyer
  • Lewisville, NC

A: A number of U.S. patents relating to this subject matter appear under the name Paul Stamets. Several are relatively newly issued and will be active for some time. One thing to realize is that the patent only provides an exclusive right (right to sue for infringement) for what is within the scope of the claims. You may wish to consult with a patent attorney to assist with review of those claims, in order to determine if there is a way to avoid infringement and still possibly accomplish some benefits of the general idea. We would be happy to discuss the matter further.

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.