Found a patented product but it is still sold on Alibaba

[johk]

Hi,


I found a product that I think have potential.

After doing some DD I found out this particular product has a patent in US (and also Australia).

When looking on Alibaba the manufacturer (he is not the holder of the patent) is still selling this product and offered me to send some samples.


Obviously finding out that this product has a patent will temporarily halt the idea. If I buy the product through the Chinese manufacturer the patent would still apply – I mean the patent is for the ‘idea and function of the product”? How come the current patent holder allow the manufacturer to sell his patent product? I guess the product is not patented in all countries and that is why the manufacturer can sell it??


Thanks

J

 

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[Vigilante]

Pass. Don't get involved. There are too many things you can do that would be clean. Move onto the next one.

 

[BigBrianC]

The patent holder could also be licensing to the manufacturer, but it sounds more like they're doing it until they get a letter that says "stop", or a court case.

 

[Ron Dee]

Definitely avoid.

 

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[Walter Hay]

If the product is not patented in China, the manufacturer there can indeed sell it, and you could also sell it in China, but you can't sell it in those countries where it is patented.

 

[1up]

How did you go about the process of finding out it had a patent?
There are some items I've seen lately that could possibly be patented so I leave them alone.

 

[JAJT]

Someone I know just got hit with an amazon-based patent infringement case. Had to liquidate at a loss.

Don't get involved in this.

 

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[johk]

Thank you for your feedback.

I will not pursue this particular product – see if I can develop/come-up with a new design that doesn’t clash with his patent. Different material etc.

I just googled the product and patent ie “product name patent”


J

 

[caezlar]

to suppliers in Alibaba, no patents in the world.

 

[Walter Hay]

to suppliers in Alibaba, no patents in the world.

To all intents and purposes, that is how most businesses in China function.

You might like to see my AMA post on the subject of Protecting Trademark, Copyright and other Intellectual Property: Sharing my lifetime experience in export/import. Product sourcing specialist.

 

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