Cincinnati, OH asked in Patents (Intellectual Property) and Intellectual Property for Hawaii

Q: How can companies legally use other patented products?

If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?

2 Lawyer Answers
James L. Arrasmith
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A: When a product is patented, it typically protects specific methods, processes, or formulations. However, other companies can still produce similar or even nearly identical products by using different methods that don't infringe on the patented claims. For example, if the patent for coconut oil covers a unique extraction method, other companies might use alternative methods to achieve a similar result without violating the patent.

In some cases, patents may expire, allowing others to freely use the previously protected technology. Alternatively, companies can negotiate licenses with the patent holder to legally use the patented method or product. Branding the product differently doesn't affect patent rights; the key is whether the method or product being used is protected by an active patent.

If a company believes another is infringing on its patent, it can take legal action. However, proving infringement involves demonstrating that the specific patented aspects were used without permission. This legal landscape is why many companies invest heavily in developing or licensing alternative methods to avoid patent issues.

A: Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced (5,108,775) expired in 2011.

Peter D. Mlynek agrees with this answer

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