Q: I have invented a way to reload a patented one-use product. What risk do I take by developing a kit for the market?
My invention in no way modifies the product it simply allows the one-time use consumable to be reused more than once in the same manner for which it was intended.
A:
The answer is, "it depends." In some situations, such as refiling printer cartridges, the rule of "patent exhaustion" may apply. This rule is that a patent owner uses up their rights when they first sell a product.
However, the patent owner may also have engaged in additional contracts with the purchaser to limit this right. Further, there may be other types of patents on using the consumable (rather than the consumable itself) that may also apply.
So the answer will vary according to the specifics of your situation.
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.
