Manufacturing / Selling Replacement Parts

[fastruk]

What is the name of your state? GA

My question is; How does the law work in relation to manufacturing and selling replacement parts for something that has a patent? For instance, where is the line drawn? Replacement auto parts makers manufacture and sell replacement parts for auto's when the auto makers sell the same parts, how can they do it?

My situation is similar. I want to manufacture and sell replacement parts for certain computer related equipment. The items in question are little pieces of metal that are, in the grand scheme of things, small potatoes however are something the company sells (mostly out of necessity I believe).

What do I need to do to make sure I can do this? I do not want to get "big" and then be "shut down". Any help is appreciated. I would like to be in touch with a knowledgable attorney in my area also. If you know a good one (that know about these things) in the North Atlanta area, please let me know.

Thanks!

 

[divgradcurl]

What is the name of your state? GA

My question is; How does the law work in relation to manufacturing and selling replacement parts for something that has a patent? For instance, where is the line drawn? Replacement auto parts makers manufacture and sell replacement parts for auto's when the auto makers sell the same parts, how can they do it?

My situation is similar. I want to manufacture and sell replacement parts for certain computer related equipment. The items in question are little pieces of metal that are, in the grand scheme of things, small potatoes however are something the company sells (mostly out of necessity I believe).

What do I need to do to make sure I can do this? I do not want to get "big" and then be "shut down". Any help is appreciated. I would like to be in touch with a knowledgable attorney in my area also. If you know a good one (that know about these things) in the North Atlanta area, please let me know.

Thanks!

It's all going to depend on what patents there are, and what they cover. If the replacement parts themselves are covered by one or more patents, then clearly you would need a license before you could legally manufacture and sell the parts. If the parts are part of a larger patented system, then the analysis is sigificantly more complicated. You will really want to talk with a patent attorney in your area, because this type of analysis can be pretty complicated and very dependent on the exact facts -- what kind of part is it, what patents exist, what is the relationship between the patents and the part, is the part a "staple of commerce" or is a unique part, etc. You can go to www.upsto.gov, click on "patents," and then search for a registered patent attorney in your area.

 

[fastruk]

Thanks!

I went to the website to search for an attorney but the list is long and doesnt seem to be qualified results. I guess I will go to the yellow pages. ?

Thanks for the help!

 

[divgradcurl]

Did you try this page? http://www.uspto.gov/web/offices/dcom/olia/oed/roster/region/index.html

You could also try google, or your local or internet yellow pages. Preferably, you will want a registered patent attorney. An attorney from a smaller firm (or a solo) will probably (but not always) be cheaper than an attorney from a large firm. You really can't go to a patent agent for this type of work -- many can and will do this, but they are not really supposed to, and you will get a more accurate (and legally useful) opinion from an attorney. Good luck.