QUESTION
How can I make certain that the products I plan to import from China and sell here in the States do not infringe on anyone’s patent?
Asked on Oct 07th, 2016 on Patents - Massachusetts
More details to this question:
Specifically, these products are generic Replacement Toothbrush Heads (RTH) for Electric Toothbrush Handles (ETH) made by P&G Oral-B and Philips Sonicare. I would, for example, be selling the Philips Sonicare e-Series (HX7001) RTH but rather than branding it as a Philips product, would instead maintain a unique branding (i.e. HappyTeeth) for the product. There are already dozens of such sellers on Amazon doing exactly this. I would imagine if this were a serious problem either P&G or Philips or Amazon would come down hard and close all these generic brands down. However, this hasn't happened. Yet one can never be too sure. I would love to get some advice from a seasoned Patent Attorney who can recommend a proper course for preventive action. Thanks so much, Isaac
1 ANSWER
Advocacy Attorney serving Plantation, FL
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The Rapacke Law Group, P. A.
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Thank you for the question regarding whether your importing products infringe the patent right of another. The first place to start is with a prior art search, often called a patentability search to determine any similar art that may disclose the features and elements of your invention. My recommendation is to seek a patent law firm that handles prosecution matters and knows how to conduct a thorough search and can provide you with a report disclosing similar and relevant prior art.A further consideration is how long you have been using the invention? If the invention has been disclosed in the public domain for more than 12 months is "barred' from registerability. A reputable Patent Firm will be able to answer your questions and provide you with an opinion letter for roughly $700-1200.00. I wish you luck!
Sincerely,
Andrew Rapacke
The Rapacke Law Group, P.A.
Answered on Nov 06th, 2016 at 6:27 AM