Legal Question in Intellectual Property in California

I found the manufacturer in China of a product sold here in America. The American product website says patent pending. Can I buy directly from the manufacturer in China and put my own label on it. I have no way of knowing if the Chinese company makes it for the American company, or if they are copying it . I found the Chinese manufacturer through search engine under the general category of the product.


Asked on 11/08/12, 6:21 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume the pending patent is a United States patent. The pending patent will protect the party granted the patent from infringing manufacture of the product. Whether you can buy, label and resell the Chinese-made product in the United States will depend upon (1) having an agreement with the Chinese manufacturer allowing you to re-brand and re-sell, which without an agreement could be a trademark violation, and (2) the Chinese manufacturer either being the holder of the U.S. patent or being duly licensed by the actual patent holder. I'm not saying that without both (1) and (2) you'd get in trouble with someone, merely that the possibility exists and you'd sleep better with both the potential trademark and patent issues handled, in writing.

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Answered on 11/09/12, 9:08 am


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