QUESTION
Can I create a product with a published "Patent Application"
Asked on Jan 20th, 2014 on Patents - North Carolina
More details to this question:
Hi, I am in the process of trying to sell a smokeable pipe mug. Right before ordering my first order of 2500 mugs I found a patent https://www.google.com/patents/US20120152263. I can see that nothing has happened with the patient in almost 18 months. Does that mean I can sell a "Smokeable" mug like this (with design changes of course) or would it be best to stay clear?? I know for pipes for example, there are thousands of different brands out there and the same goes for mugs. Thanks!
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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The owner of the patent application cannot stop you from practicing its invention until the patent issues. Once the patent issues, you can be ordered to stop immediately and if the claims in the issued patent match the claims in the published application, you could be sued for infringement for your sales since the date of publication.
You may also want to go to the www.uspto.gov site and look on their PAIR system to check the status of the patent application. That site will tell you when the case has been abandoned or allowed.
I can't advise you whether you should stay clear or keep selling. I would suggest you consider this information and take the action you believe is most logical based on the facts at your disposal.
Good luck,
Todd
Answered on Jan 21st, 2014 at 9:02 AM