Guidelines

Can you modify a patented product?

Can you modify a patented product?

If the original product is patented (and unexpired), you may nevertheless sell your “modified” version of the product AS LONG AS YOUR your “modified” product does not “infringe” the original product’s patent. In addition, there is no specific percentage that a person can modify a product in order to avoid infringement.

Can you sell something that is already patented?

Can I produce and sell an already patented product? As long as patent works, only the patent holder and people who have an agreement with him are allowed to make and sell the product. About 20 years after the product is patented, patent runs out, and anybody can make this product.

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Can I modify clothes and resell them?

Pretty much anything you buy legally, you can modify and resell on-line. You might want to avoid anything with a name on it, however, such as designer labels or clothes with a famous person’s name on it, since that could raise trademark and the right to exploit one’s name issues.

Can you patent a product that is already patented?

Can you patent an existing product? No, you cannot get a patent on an existing product because it does not meet: the novelty requirement and. the inventorship requirement.

What happens if I sell a patented product?

Under the doctrine of patent exhaustion (also known as the “first sale” doctrine), the initial authorized sale of a patented product terminates all patent rights in that item. As a result, subsequent sales of the item cannot give rise to claims of infringement by the patent holder.

Can you make a product that already exists?

You may ask, “Can I patent a product that already exists?” It’s possible that existing products are protected in other ways besides “patenting,” such as through a trademark or as a trade secret. Adding a category-changing innovation to the design could get you a patent.

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Can I sell modified products without patent protection?

If the original product is not protected by a patent, you may freely sell your modified product as well as the original product (as long as you do not use any trademarks/copyrights associated with the original product with your product). In addition, there is no specific percentage that a person can modify a product in order to avoid infringement.

Can I re-sell a product I purchased from a manufacturer?

If you purchase a product from its manufacturer – or authorized retailer – it is yours, and you are free to use it and to re-sell it – without obligation to the manufacturer. However, if you modify the product – someone, likely the original manufacturer – might have a patent that covers your modified product.

Can I sell a product that infringes someone else’s patent?

If so, you could be an infringer for making, using and selling that “new” product. * This will flag comments for moderators to take action. Yes, you can but you must make sure that the new product that you sell does not infringe anyone else’s patent or you can be sued for infringement. * This will flag comments for moderators to take action.

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How is patent infringement determined?

Patent infringement is determined by a complicated analysis. The analysis includes a determination of whether at least one claim in a patent literally “reads on” an accused infringer’s device, product, or process, or covers the allegedly infringing device under the doctrine of equivalents.