QUESTION
Can I sell alternative parts that fit into and change the functionality of an exiting German product? Patent/ Trademark/ International
Asked on Dec 11th, 2020 on Patents - California
More details to this question:
I want to sell alternative replacing parts that specifically fit a popular manufacturing machine. The parts will be more complex and increase the detail the machine will be able to produce. My parts will be of my own design but modeled similarly to exiting technology. The manufacturing technology is out of patent and used by many competing companies. Can I market my parts as specifically for/ fitting the exiting product? The original machine is German. Are there any international protections that supersede?
1 ANSWER
Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
Partner at
Claiborne Patent Law Services
4 Awards
Your question has several facets. In general, you may add improvements to technology and, if that techology is no longer patented, then you may practice the technology with the improvements.
Enforcement of patents is limited to the jurisdiction in which the patent is granted. While inventions that have foreign patents may obtain U.S. counterpart patents, the foreign patents themselves are enforceable only within their geographic/political boundaries.
However, a definitive answer to your question turns on the specific facts for your situation.
I provide a free initial consultation opn patent matters.
If you wish, you may contact me for further consultation at no obligation at 425-533-6132.
Anthony Claiborne
Claiborne Patent Law Services
Answered on Dec 14th, 2020 at 10:15 AM