Legal Question in Intellectual Property in Maine
If I were to use two patented products in my own "combination" (mixing two kinds of polymer clays) would I be able to package and sell it as my own or would I have to get permission from the company that developed the two original products?
Asked on 11/12/09, 4:55 pm
1 Answer from Attorneys
Sarah Grosse
Sarah Grosse, Esquire
I expect you would need permission from the respective owners of the patent rights. If you are using a patented invention in its entirety, even 'mixing' it with something else or adding something else to it, it is patent infringement. I am somewhat familiar with polymer chemistry, and generally mixing two polymer clays together does not create a chemical reaction so as to produce a chemically unique product (the product is truly just a mixture).
Answered on 11/17/09, 8:13 pm