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Is it legally allowed to duplicate a product sold on the open market that has no patent protection

Asked about 3 years ago - Chicago, IL

i want to manufacture a screw lid for a container that i already manufacture, but i want to duplicate a lid made by another manufacturer that is sold on the open market and has no patent. would i have any liability whatsoever for copying this lid, i.e. manufacturing the same myself and using it on my container?

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Attorney answers (1)

Clark AD Wilson

Reputation Level 12

Answered about 3 years ago. Intellectual Property Law Attorney in Atlanta, GA.

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You should contact a patent attorney and have him/her prepare a Freedom-to-Operate opinion with respect to the patent landscape of these lids. It may be the case that this particular lid does not have a patent, but that does not mean there is not a patent alive protecting the technology. Such an opinion would involve a detailed search of active patents and evaluation of issued patent claims. This will act as insurance against future accusations of wilfull infringement. I prepare such opinions on a frequent basis. Best of luck.

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