Possible patent infringement

[nikigg]

What is the name of your state? Canada

I recently rec'd an email from an individual threatening attornys on me for patent infringment, for an item made by me and am selling on ebay. I looked up the item they say I've "copied" and although similar, it's obviously not the same! I realize mines not patented and they claim theirs is, but how far does this law reach. I find it hard to believe that they're is no way anyone can do a similar thing they are without "infringing" on they're idea. Help ..please. Or possibly direct me to the right resources to help me figure it out.

 

[nikigg]

Oh, just for the record, I'm in Canada and this person is in the US.

 

[divgradcurl]

What is the name of your state? Canada

I recently rec'd an email from an individual threatening attornys on me for patent infringment, for an item made by me and am selling on ebay. I looked up the item they say I've "copied" and although similar, it's obviously not the same! I realize mines not patented and they claim theirs is, but how far does this law reach. I find it hard to believe that they're is no way anyone can do a similar thing they are without "infringing" on they're idea. Help ..please. Or possibly direct me to the right resources to help me figure it out.

Well, a U.S. patent can't reach into Canada, but if they do have a patent, they can keep you from importing your products into the U.S. Whether this is worth fighting for is up to you. You can either restrict your sales to non-US customers, or keep selling and see what happens -- one of the things that a patent holder can do is enlist the help of the U.S. Customs Service and the State Department and have your allegedly infringing goods siezed at the border.

If you don't think your goods are infringing, talk to a lawyer who is versed in U.S. patent law (there are lots in Canada, or hire a US attorney) and try an get their opinion as to whether or not you may be infringing.

However, this may come dowen to just how hard you are willing to fight this.

 

[nikigg]

Thank you for the information. I think I'll just sell on my side of the border for now since the business I was getting was equally coming from both sides. I do have a feeling though that the threatening emails will continue to come. I will deal with that at that time. One more question though, does this also apply to international sales?

 

[Some Random Guy]

It applies to any destination country that is covered by the patent. Contact a patent attorney for more details.