Legal Question in Intellectual Property in New York

Re: Sell product accessory

What is the current relationship between you and the manufacturer?

If you are, or were at any time during the development of their protocol, an employee of or independent contractor with the manufacturer, the answer to your question is determined by your contract, and I suspect that contract says you cannot take any information you learn on the job and use it for your own personal gain.

If you are not and have not been an employee of the manufacturer, and there is no patent in place, I would determine whether a patent application has been filed (the application may have been filed and no patent issued). If an application has been filed, you need to know where it stands in the prosecution cycle and how likely it is that a patent will issue on it (why tool up to make something that you will be excluded from making, using, selling or importing?).

If an application has NOT been filed, and the manufacturer is statutorily barred from filing a patent application on the protocol, then I see no reason why you can't use their protocol as long as you come by the information in your item honestly and do NOT call your protocol anything even remotely resembling what they call theirs.

Your best option, of course, is to work with them.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Sell product accessory

There are many things to consider in this situation including the licensing and patent status of the product, as well as any relationships you may have with the product. Feel free to contact my office for further assistance on this matter. 2127098303