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
  • 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.

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