• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Reselling a patented product for alternate use

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

yodajammies

Junior Member
What is the name of your state? LA
Would I be guilty of infringement if I purchased a common household product (patented of course) and resold it as part of a "kit" for a completely unrelated use?
 


divgradcurl

Senior Member
yodajammies said:
What is the name of your state? LA
Would I be guilty of infringement if I purchased a common household product (patented of course) and resold it as part of a "kit" for a completely unrelated use?

So long as you purchased the part from a licensed supplier (or from the patent owner themselves), and so long as the "kit" is not infringing this or any other patent, then this would be legal. The general rule is that one a "first sale" has been made, the patent holder loses the right to enforce their patent against the owner of the particular instance of their product.

To be 100% sure, you will need to have your "kit" examined by a patent attorney in light of the patent. But as a general rule, the first sale of a patented object means that the patent can no longer be enforced against that instance of the object. So as long as you are buying licensed objects, you are okay. Making your own would be infringing. Also, whether or not you are 100% in the clear will depend on the patent and the types of claims in the patent, but generally you should be okay.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top