Patent Infringement?


Old 12-08-06, 05:13 PM
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Join Date: Dec 2005
Location: USA
Posts: 388
Patent Infringement?


I have received a gripe from a person that claims to have a patent on an item. His problem is that he doesn't think that I should be trying to sell a product that does the same thing that his does. I have seen his product and mine is no where near the same in construction or materials. My question is how in the world can a person deny someone from selling a product that produces the same result being the only thing in common? I look around and see stuff all over that do the same thing yet are different in construction, for example this monitor and my printer I use come to mind at this moment. Anyone care to take a stab at this one? Thanks.
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Old 12-08-06, 05:36 PM
GregH's Avatar
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Join Date: Jan 2001
Location: Manitoba
Posts: 9,628
The ball is in his court to hire a patent attourney to draft a formal request for you to cease selling what he claims to be his intelectual property.
Once you get this letter his lawyer should have spelled out in detail what patent laws they feel you have broken.
From here you should have enough info to decide what to do next.
Old 12-08-06, 05:41 PM
Join Date: Aug 2000
Location: USA
Posts: 15,834
Did you get a patent on your product? Did you review the other person's patent? Infringements on this patent would have been specifically stated. "patent infringement is a statutory wrong and is governed by federal law. 35 U.S.C. 271 defines infringement as "whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent." Learn more at

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