Plano, TX asked in Patents (Intellectual Property) for Texas

Q: I’d like to find out how to get permission to use a patent

2 Lawyer Answers
Erik Špila
Erik Špila

A: Hi,

the main option to obtain permission to use a patent is by contacting its owner. But first I would recommend you to find a patent in patent database to check if its stil valid in your territory. If it is valid check the owner or representative of the patent and contact them to negotiate the terms and condition of use through licence.

If you need help with this, contact me anytime.

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

A: You should be able to contact the patent owner, and make a deal with the owner just like you would for leasing or buying a car, a machine, or a factory.

But before you do reach out to the patent owner, you should talk to a patent attorney. There are several things that the attorney should check on about the patent, such as: Has the patent expired? Is the patent enforceable? Who is the current owner? Is the title of the patent held in a mortgage? Has the patent been litigated and what is the status of the patent now? Is your product or service within the scope of the claims and do you even need to license the patent? Should you get a non-infringement opinion? Should you get an invalidity opinion? etc.

You should spend some money up front in getting these types of questions answered, so you know what you are getting yourself into. You'll need to hire a patent atty anyway to represent you during the drafting/negotiating the licensing contract.

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