Legal Question in Intellectual Property in California

My company is in the manufacturing design phase of our first patent-pending product. One of my engineers wants to use a patented aspect for our design and says it's just like sourcing springs, or triggers. I don't feel this is true, that it may lead down a very expensive path in litigation. I'm looking for advice.

Asked on 6/06/21, 12:36 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

If you are buying the product to be used and not making it then that purchase exhausts their patent rights. This is no different from anything else that might go into the product like a spring or trigger. For example, there might be a patent on the screws you are using to keep your product together. This is not an issue and you are not violating anything by using them.

If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 6/07/21, 8:27 am

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