How do I know if I”m I selling something that is infringing on a patent?
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How do I know if I”m I selling something that is infringing on a patent?
I sell puck holders that slide onto a watch band, however I purchase these from a supplier and add paint/glitter to them. So I do not make the puck holders, just add paint. Someone has a patent for puck holders but the design is different than the ones I’m painting, and I pay to purchase mine and only make money off of what I paint onto it. They have sent a DMCA takedown notice to my web hos, but haven’t sent me any cease and desist letters. Can they sue me for continuing to sell these?
Asked on September 19, 2018 under Business Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Compare the specifications in their patent against puck holders you sell. If the ones you sell would be covered by the specifications (called "claims") in the patent, they are infringing; if they infringe, you can forced to stop selling them (to stop infringing) and could be sued if you don't stop.
On the other hand, if the holder you sell does not fall under or is not covered by the patent's specifications, there is no infringement and you can sell them. (Though they may still try to sue you, forcing you to respond to a lawsuit, if they disagree and believe the holders are covered by their patent.)
Intrepreting patents can be technical: you may wish to hire a patent lawyer to help you, though be warned--such lawyers can be very expensive.
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