QUESTION

Can I mix 2 patented products and resell it?

Asked on Nov 24th, 2019 on Patents - Texas
More details to this question:
For 15 years I’ve been mixing 25% of 1 product, about 1% of another to 75% water. It works great for what I use it for! Could I bottle this and resell it with no problems? Thanks
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1 ANSWER

Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
4 Awards
If you are buying the patented products from lawful manufacturers (the patent owner or licensee), then there is a legal doctrine called "patent exhaustion" that applies.  This doctrine holds that, once a patent owner has sold a patented product for the first time, they no longer have control over it: the buyer can use, sell, license or destroy the product as they wish. If you have decisions that turn on this question, I recommend you retain an intellectual property law attorney for a brief consultation and a professional opinion on which you can rely. Anthony Claiborne Claiborne Patent Law Services 425-533-6132
Answered on Nov 25th, 2019 at 8:34 AM

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