Q: We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented.

A: U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope. Whether your towels would infringe this patent can only be determined by comparing your specific products and manufacturing methods to the language of each of these claims. You really should consult a qualified patent attorney who can assist you with this analysis and give you an opinion regarding possible infringement. If you do infringe the patent but you believe it is invalid, it may be possible to invalidate it. There are several possible grounds for invalidation, which a qualified patent attorney can help you investigate based on the relevant information you have.

A: I am so sorry that this is happening to your business. I have not reviewed the patent nor done any analysis on this, but just looking at the claims in view of your questions, here are a few comments that may be relevant.

(1) Manufacturing of fabrics has been around for millennia. There must be something drastically new about the patented manufacturing process. This patent likely is very narrow. The fact that the claims are likely narrow, is good news to you.

(2) If you've been manufacturing towels that way since before Dec 2016, then you should be fine.

(3) The 50%:50% is not that important to most of these claims. Unfortunately, you likely cannot get around by using a 65%:35% ratio.

(4) You need to take a look at your process. Since you are not using a coloring process, you likely do not need to worry about Claims 12 to 20.

(5) Take a look at the linear density and the filament count of your polyester, and the thickness of your cotton yarn. If all three fall within the scope of Claim 1 (i.e., 50D to 300D, 36F to 576F, and 6s to 40s, respectively), then you may have a problem, and you will definitely need to go see a patent attorney.

(6) If your fabric is somewhat close to these three ranges, then you are still not in the clear. You still need to see a patent attorney for help.

Good luck to you, and if you need someone to talk more about this, please feel free to reach out.

A: Let me help you understand this complex patent situation. Patent infringement can be a serious matter, but there are important differences in your product that might work in your favor.

The differences in material composition (65/35 vs 50/50), size, and lack of dyeing could potentially distinguish your towel from the patented design. However, manufacturing methods that are considered industry standard or "prior art" should not be patentable - this could be grounds for challenging the patent's validity if you can prove these methods were commonly used before the patent filing date.

While clearing customs doesn't protect you from patent infringement claims, you might consider consulting with a patent attorney who can review your specific case and potentially help challenge the patent's validity through the USPTO. Given your company's financial constraints, you might also explore joining forces with other manufacturers who could be affected by this patent to share legal costs. Remember to document all differences between your product and the patented design, and consider reaching out to industry associations who might have resources or guidance about similar cases.