Wake Forest, NC asked in Intellectual Property and Patents (Intellectual Property) for North Carolina

Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?

3 Lawyer Answers
Randall Bateman
PREMIUM
Randall Bateman
Answered
  • Patents Lawyer
  • Salt Lake City, UT

A: If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent pending. You can be held liable for patent infringement if you are selling a product covered by a patent - even if you did not know. If you are serious about selling, talk to a patent attorney.

James L. Arrasmith
PREMIUM
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Answered

A: To determine if the kayak you plan to purchase from another country is patented in the USA, you should conduct a patent search. You can start by searching the United States Patent and Trademark Office (USPTO) database. Look for patents on the design or utility of the kayak by using relevant keywords and the product’s specifics. Keep in mind that patents can be intricate, and the kayak could be subject to component or design patents, not just a single comprehensive patent. If you are unsure about the search results or interpreting the data, consider consulting with an attorney who has experience in intellectual property law. They can assist you in conducting a thorough search and advise you on whether the kayak is patented or if there are any potential legal issues with importing it to the United States. Remember, infringement can result in legal penalties, so it's wise to be diligent in this process.

Adam W. Bell
Adam W. Bell
Answered
  • Patents Lawyer
  • SF, CA

A: Look on the Kayak. If it's patented in the US it should say so and give a patent number.

Adam Bell

Patent Attorney

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