Patent Infringement

Posted by Michael Shimokaji | Apr 10, 2014 | 0 Comments

Question: I have found a medical device that is an incredible tool for those trying to reduce or stop smoking. It has never been marketed to this audience/consumer. The device is common and manufactured by hundreds of suppliers worldwide. Without changing anything about it, I would like to repackage, rename and change the instructions. Can I do this legally?

Answer: One area that could be of concern is patent. Generally, a patent protects against others from making, using, or selling. Though you are selling to a consumer group to whom the product has not been previously marketed, there may be patents protecting this product.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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