Is this item legal to sell or does is it patent infringement?

[cmmst12011]

Pennsylvania

I bought a rifle scope from China thinking they be different but I realized they didn't come to me as described by having trademarks and copy rights all over the product that were not advertised. Even though I set those items aside, I looked up the patent registration and realized the item is expired on the patent. So I decided I could put together a business of where I can sell blank copies (or with my logos) of this product online. Therefore, I paid the manufacture a specific amount to send me the same exact product, except without any logos or symbols. The product is naked and I placed my own title and logos on the product and than listed them for sale online.

The only possible violation would be patent infringement, but the patent is expired. When you hold the product up to the expired patent holders product, they look exactly the same. The internals are different as well. When you look into the product, there is a difference in quality and display of the product for it's function, and it is known that the internal mechanisms / parts are different. The only thing that looks the same is the exterior portion of the product, but it is made of different material.

Are these products legal to sell and could the expired patent holder manufacture still file a law suit against me? I understand a law suit can always be filled but my question is, would I be able to challenge it in court and win. There is no evidence of trademark or copyright violations. It is an expired patent with different material / parts but that looks similar from the original.

 

[quincy]

Pennsylvania

I bought a rifle scope from China thinking they be different but I realized they didn't come to me as described by having trademarks and copy rights all over the product that were not advertised.

I am not sure what you are saying about copyrights and trademarks and how the rifle scopes were advertised. Could you please clarify? Thanks.

Even though I set those items aside, I looked up the patent registration and realized the item is expired on the patent. So I decided I could put together a business of where I can sell blank copies (or with my logos) of this product online. Therefore, I paid the manufacture a specific amount to send me the same exact product, except without any logos or symbols. The product is naked and I placed my own title and logos on the product and than listed them for sale online.

There are many rifle scopes that are patent-protected and various parts of rifle scopes are patented. Designs can be patented. How did you conduct your patent search? How, in other words, did you determine that the patent has expired on the specific rifle scope you plan to sell?

If a patent has expired, then the invention that was patent-protected falls into the public domain and anyone can use the invention. A patent generally will expire 20 years after the date on the patent application.

The only possible violation would be patent infringement, but the patent is expired. When you hold the product up to the expired patent holders product, they look exactly the same. The internals are different as well. When you look into the product, there is a difference in quality and display of the product for it's function, and it is known that the internal mechanisms / parts are different. The only thing that looks the same is the exterior portion of the product, but it is made of different material.

You say that the rifle scope patent has expired but the rifle scope you purchased from China only looks like the rifle scope that held the patent. All of the scope's "internal workings" are different. What was patented? What did the patent cover?

Are these products legal to sell and could the expired patent holder manufacture still file a law suit against me? I understand a law suit can always be filled but my question is, would I be able to challenge it in court and win. There is no evidence of trademark or copyright violations. It is an expired patent with different material / parts but that looks similar from the original.

If a patent on an invention has in fact expired, the holder of the expired patent no longer has rights to the invention. The invention is in the public domain. The former holder of the patent cannot sue with success over a patent s/he no longer holds any rights in.

But I cannot tell from your post if what you have purchased from China is legal to sell in the US or if, in selling it, you will infringe on anyone's rights.

I question much of what comes out of China as China is not exactly known for respecting the Intellectual Property rights of others. Because you plan to purchase these rifle scopes from China for resale in the US, it would be smart for you to have these scopes personally examined by an IP professional in your area prior to marketing them to the public.