Q: If a patent is showing as “abandoned” is the product free and clear?

A: In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters the public domain, allowing others to use, make, and sell the invention without seeking permission from the original patent holder.

However, there are a few important points to consider:

1. Make sure the abandoned status applies to all relevant patents, as there might be multiple patents or patent applications related to the product.

2. Check if there are any other active patents on the product or its components, as the abandoned patent may only cover a specific aspect of the invention.

3. Be aware that companies may claim their products are patented on their websites even if the patents are abandoned or do not exist. Some companies might do this to discourage competition, even if they don't have valid patent protection.

4. Keep in mind that other forms of intellectual property protection, such as trademarks or trade dress, may still apply to the product or its branding, even if the patent is abandoned.

To ensure that a product is truly free and clear to produce and sell, it is recommended to:

1. Conduct a thorough patent search to identify all relevant patents and their current status.

2. Consult with a qualified patent attorney to review the search results and assess any potential risks or infringement issues.

3. Investigate why other companies claim patent protection on their websites and whether those claims are valid.

In summary, while an abandoned patent generally means that the invention is in the public domain, it's essential to perform due diligence and consult with legal professionals before proceeding with the production or sale of a product to minimize the risk of infringement or legal issues.