Sacramento, CA asked in Intellectual Property and Patents (Intellectual Property) for California

Q: How do I check if the product has patent such as electric kettle sold by two different companies?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:

Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent numbers are often listed on the product itself, in the user manual, or on the packaging.

USPTO Database Search: In the United States, patents are registered with the United States Patent and Trademark Office (USPTO). You can search their online database, which is accessible at USPTO's website. The database allows you to search by various criteria including patent number, inventor name, assignee (company), and keywords.

Keyword Search: If you don't have a patent number, conduct a keyword search using the product's description, like "electric kettle," along with any unique features or technologies that might be patented. Include the company names in your search to narrow down the results.

International Patents: If the product is sold internationally, it may be patented in multiple countries. For international patents, you can search the World Intellectual Property Organization (WIPO) database or the respective national patent office's database of the countries where the product is sold.

Consult a Professional: Patent searches can be complex, especially if you're unfamiliar with the process or technical jargon. If you need a thorough search or legal advice, consider consulting a patent attorney or a professional patent searcher.

Compare Patents: If two companies are selling a similar electric kettle, and both claim to have patents, compare the patents to see if they cover different aspects of the product. Sometimes, multiple patents can exist for different features of the same type of product.

Remember, patents are legal documents, and their interpretation can sometimes be challenging. If you are looking into this for legal or business purposes, getting professional advice is often the best course of action.

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.