Threading on thin ice?

[diamondboy77]

Hi,

I found a product online that i see alot of potential in. The product is patented. I found a manufacturer that makes a very similar product and have ordered a sample of the product. Upon inspecting the sample, i can conclude that it looks slightly different from the actual product, and the materials used are also different. The patented part of the product looks exactly the same on both the actual product and my sample. they work exactly the same from what i can tell.

I plan to put my own logo/brand on this product + change the appearance of the patented part to further differentiate my sample from the actual product.

From a legal standpoint, am i clear?

Thanks

 

[STEPHAN]

You deleted the question about the state.

What country are you in?

 

[eerelations]

You deleted the question about the state.

What country are you in?

It's astonishing how so many people think that "What is the name of your state (only US law)?" = "Please delete me."

 

[FlyingRon]

The idiom is treading on thin ice, by the way.

What you need to do is look at the patent and see if the invention that is claimed there is one you will be using in your product. If it is, you will have to obtain permission to use the patent. The appearance and (most likely) the materials used are NOT the embodiment of hte patented invention.

Changing the appearance will NOT get you around the patent. Putting your own logo on it will NOT get you around the patent. The fact that you know the patent exists and you made your product using it anyhow will constitute WILLFUL INFRINGEMENT and increase the penalties when the patent holder sues you.

 

[diamondboy77]

You deleted the question about the state.

What country are you in?

my bad. first time here. i live in australia

 

[diamondboy77]

The idiom is treading on thin ice, by the way.

What you need to do is look at the patent and see if the invention that is claimed there is one you will be using in your product. If it is, you will have to obtain permission to use the patent. The appearance and (most likely) the materials used are NOT the embodiment of hte patented invention.

Changing the appearance will NOT get you around the patent. Putting your own logo on it will NOT get you around the patent. The fact that you know the patent exists and you made your product using it anyhow will constitute WILLFUL INFRINGEMENT and increase the penalties when the patent holder sues you.

ok so i did some research, and as far as i know this patent is registered in the US, and patents are only valid in the country they are registered. does this mean i can sell this product legally in another country where the patent isn't registered?

 

[Zigner]

ok so i did some research, and as far as i know this patent is registered in the US, and patents are only valid in the country they are registered. does this mean i can sell this product legally in another country where the patent isn't registered?

This forum is for US law only. You will want to consult with local counsel. I would suggest that you come up with something original instead of stealing it from someone else.

 

[FlyingRon]

ok so i did some research, and as far as i know this patent is registered in the US, and patents are only valid in the country they are registered. does this mean i can sell this product legally in another country where the patent isn't registered?

Well, again you're ignorantly wrong and that won't be a defense when you're sued. An inventor who obtains a patent in the US may get international protection for that patent by applying under one or more international treaties (such as the Paris Convention and the far most encompassing is the Patent Cooperation Treaty). You have to assume that he has obtained such treatment for his patent. Further, if you sell your products in the US, you're still going to have a problem even if you reside in some other country.

The PCT covers just about everywhere in the world and with the excpetion of Argentina and Taiwan and a few others. The Paris Treaty covers about everybody but Myanmar, Taiwan, a few states in the horn of Africa, and Iraq.

 

[quincy]

ok so i did some research, and as far as i know this patent is registered in the US, and patents are only valid in the country they are registered. does this mean i can sell this product legally in another country where the patent isn't registered?

US inventions can gain international protection in a couple of ways.

One way is for the inventor to file a Patent Cooperation Treaty application and then file national patent applications in every country where patent protection is wanted. You can see http://www.wipo.org for more information on the Patent Cooperation Treaty.

Another way US patents can be protected is by preventing the manufacturer/seller of an invention that uses a US patent from importing the infringing product into the US. If imported and sold in the US, the US patent holder can sue the foreign manufacturer/seller for infringement.

You should find a patent attorney in Australia for a personal review of your plans and a review of the IP laws specific to Australia.



(I see FlyingRon also responded. I failed to mention the Paris Convention so am glad he did. To protect a patent, however, there must still be a filing in each separate country where protection is desired)