If there is a patent on a product but no one is producing the product, is there by any chance I could produce this product?

Posted by Michael Shimokaji | Sep 15, 2014 | 0 Comments

Question: If there is a patent on a product but no one is producing the product is there by any chance I could produce this product?

Patent link: http://www.google.com/patents/US20090008202

 Answer: Generally, one cannot infringe a patent application, only an issued patent. The link you provided was to a pending patent application. However, the pending application can give you an idea of what the issued patent claims might be. In turn, this can give you an idea of whether it might be OK to produce your 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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