Q: How can we sell a patented product? Should we ask the patent owner for their permission?

3 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Patents Lawyer
  • Mesa, AZ

A: Yes you should

Liliana Di Nola-Baron
Liliana Di Nola-Baron
Answered
  • Patents Lawyer
  • Washington, DC

A: Assuming the patent is still valid, you should contact the patent's owners or assignee to see if they are willing to license their patented product. You should seek the help of an attorney who specializes in licensing to negotiate the terms of the license.

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

A: Think of a patent as a wall. There are a few options.

1) Work around it. Redesign your device to avoid the complete set of requirements of any one claim in the patent.

2) Get a door. Get a license to pass through the patent wall.

3) Break down the wall. Work to invalidate the patent if you think that the patent claims were granted despite prior art making the claims obvious or lacking in novelty.

You need to work with a patent attorney to sort out which path makes the most sense for you.

BTW--someone should check to ensure that the patent is still in force and has not lapsed or expired.

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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