Legal Question in Intellectual Property in Iowa

Maybe. This seemingly straight forward question could have some very convoluted implications, though. I suggest you retain an attorney to evaluate your exact situation and render an opinion.

The short answer is probably. Whether or not the item is patented is not crucial to the analysis. If you purchased the item, then in general you have a right to use or re-sell the item. This is known as the doctrine of exhaustion. It can be more difficult in certain cases, but in general you would not have a problem as long as you legally purchased the item.

Here is the problem and why I can�t give you a complete green light. If you purchased the item and then used that item in a way that infringed another patent, then you might be liable for infringement even though you legally purchased the item. It is not the patent for the item that controls, rather to another patent. Again, the likelihood is low, but it is a possibility.

A way to manage this risk is to get a freedom to operate opinion before proceeding with your business. Freedom to operate opinions are broader than a normal patent search and cost more.

Please feel free to contact me if you have more questions.