So a company has patented an item and I want to add an accessory to it to make it fancier can I buy it from them and add my touch and re sell it and also make it into my own business adding and reselling that product
Generally, it would be important to see what your proposed new product would be.
For example, if you alter a trademarked product, but leave the trademark, there may be, at least a trademark infringement issue, because consumers may believe the altered product is authorized by the original trademark owner, when it is not.
You should discuss with an intellectual property attorney in a private consultation.
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Generally, yes, because your purchase of that product is said to extinguish the patent in it. And like most anything else you buy you are free to make changes to it like for example your car. But what is not clear is whether your modifications and resale will be perceived as "practicing the patent" in that underlying product. It is possible that this could cross the line to infringement.
So before you commit to anything, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Legal, LLC on the basis of this posting.
Although you can't rely on an Avvo discussion and should retain a patent lawyer to interpret the claims of the patent, chances are that what you suggest would be permitted under the first sale doctrine. But you need to read the claims against what you propose.
This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is no an attorney client relationship created simply by correspondence or communication with the author of this site.
The answers above are on the right path. There is no express rule against re-selling a patented product (see patent exhaustion doctrine) but there are other strings attached here that could cause problems. First, as mentioned above it would depend on exactly what is claimed and whether its the entire system or just a piece, as well as whether the claims are method claims or apparatus. Second, you must make sure that you do not use the patent owner's other IP such as TMs in association with the sale/marketing/service of your product. There are of course a few other items you will need to investigate with an experienced patent attorney before taking any steps forward.
My answers are for general information and discussion only and do not constitute legal advice or establish any form of attorney-client relationship.
I answered this question Today in my Facebook live video I do every Thursday morning on the Bold Today Show from 9:00 AM-9:30 AM Pacific.
You can forward the video to the second half in order to jump right to my answers.
Here's the link with the answer to your question: https://www.facebook.com/boldpatents/videos/355598258496146/
Of course, I could only answer the question generally, as more information is required in order to give a more detailed opinion
Thanks for reading! Note, this is not legal advice, it is simply some of my thoughts regarding the question posed. There is no attorney-client relationship. I am not your attorney and you are not my client.
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