Legal Question in Intellectual Property in New York

I am interested in producing a certain product(s) . I did a patent search and found out that there are patents very close to what I would like to produce. Nevertheless the product(s) I would like to produce is not being made anywhere - it is only sitting in a patent office filing by some one. Question - I have been told - If I were to go ahead and produce these items the only way I can be sued by the owners of these patents is if they can show a loss . Is that true ? Can they only sue me if they are currently producing this item ?

Asked on 5/08/16, 10:08 am

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

If it turns out that you are practicing someone else's patent of course you can be sued. Even if you might have some good defenses you will still be required to hire legal counsel and answer the complaint.

You need some specific legal advice before you jump in here.

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):

Kind regards,



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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 5/08/16, 11:11 am

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