I am being harassed by a person who claims to have a patent

[fallen01]

What is the name of your state (only U.S. law)? Virginia

I am a crafter and have come up with a tool that helps me with two totally different crafting projects. A very simple multiple use tool you could say. It worked so well that I decided to sell my item online. A few weeks later I got an email from a person claiming that she has a Patent on it. I have asked for a Patent number but she refuses to give me one so I can do a search of my own. I have since gotten many threatening emails from this same person. In some of the emails she claims to have a Patent, and in others she claims to have Patent Pending status. First of all I had no clue that there was a similar tool out there, and secondly my design is not exactly like hers (I have since learned that she sells her item online as well). The materials used are completely different except for one part of the tool. That particular part of the tool is something I purchase from the manufacturer and is not hand crafted. My questions are, what should I do? Should I stop selling this item I created or should I keep promoting it? Should I just ignore her emails? What about her multiple threats? Can she claim to have a Patent in one email and Patent Pending status in another? I do not profit greatly off of this, but it does help to bring in a little extra income. Thank you for your time and advice.

[JETX]

Originally Posted by fallen01

My questions are, what should I do? Should I stop selling this item I created or should I keep promoting it? Should I just ignore her emails? What about her multiple threats? Can she claim to have a Patent in one email and Patent Pending status in another? I do not profit greatly off of this, but it does help to bring in a little extra income.

Unless/until she can provide you with PROOF of her patent, either actual or pending, you can continue selling YOUR product. However, absent her having a real patent (or pending), it is possible that she could file a request at any time.

Also, you can do your own patent search to confirm her claims. This can be done online at:
[url=http://patft.uspto.gov/]PatFT » Page 1 of 1[/url]

Go to the 'advanced' search and enter her name.