QUESTION
Can I make a retail product of a product that is similar to a commercial product that is patented?
Asked on Jan 31st, 2015 on Patents - Michigan
More details to this question:
Hello, I have used a product for cleaning that appears to be only sold for commercial applications in a concentrated form. My friend analyzed the label and it only contains three easily obtainable ingredients, all of which are green. I love the product and I'd love to make a variation of it to sell myself for use by general consumers. Can I do this? Could I vary ingredients to do this and if so, how? Thank you.
1 ANSWER
Intellectual Property Attorney serving Southfield, MI
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Gerald R. Black
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Generally, when a patent holder sells a product covered by a patent, the purchaser typically receives an implied license under the patent. The key issues here are that you will need to identify the key patents and then determine who currently owns the patent rights. Then, if you buy the ingredients from the patent holders, you have an implied license to resell the product. You will need to analyze the patent situation carefully here. The law has become much more complex in recent years in this area and you are strongly encouraged to seek the assistance of counsel should you seek to move forward here. We hope this helps and good luck!
Answered on Feb 02nd, 2015 at 2:20 PM