QUESTION
Will selling individual off the shelf components or kits of a commercial product infringe on its patent?
Asked on Jul 13th, 2011 on Patents - Oregon
More details to this question:
A commercial product 'X' available in the market costs like $30,000. By using cheap off the shelf components, I was able to make the prototype for about ~$200; however, it follows the same patented principles of operation that device 'X' does. What I am trying to say here is my prototype method of operations is already claimed in the device 'X' claims section. My question here is, Is it possible that I make a DIY or Open Source instructions manual for how I made my prototype and then sell individual off the shelf parts on a website and still not infringe the device 'X' patent? Is it also possible that if a customer wants to buy a kit, I can sell them combo packages that have all the materials they need to make the prototype that I built; for instance, pre cut laser parts and holes in box
1 ANSWER
First unless you are a patent lawyer it is very doubtful that you know if your product infringes. Generally this cant be decided until there has been a claim construction hearing. Second I cant possibly tell you if what you want to do is infringing or not based on the small fact pattern. But if you are asking me if you can send out instructions or sell the a kit in parts etc that you think infringes - the answer is NO. There are two types of infringement - direct or indirect. Under indirect there is inducement and contributory infringement. Under direct infringement there is literal infringement.
Answered on Jul 15th, 2011 at 10:09 AM