Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: Steve S. on Dec 12th, 2007, 1:16pm)

Title: Cost for a Patent Attorney to Examine a Product?
Post by Steve S. on Dec 12th, 2007, 1:16pm
Hello,

I am looking at a product that is currently patented but is due to expire (based on my limited research) in a year or two. I believe I can have this particular product made cheaper. What could I expect to pay an attorney to review this product and answer some questions?
Am I correct in assuming once the patent expires I can copy the product?

Thank you in advance,
Steve

Title: Re: Cost for a Patent Attorney to Examine a Produc
Post by DJoshEsq on Dec 12th, 2007, 2:47pm
Yes, once a patent expires you are free to make use and sell that product. Please contact me by email or telephone to discuss an estimate for reviewing the product and patent.

Title: Re: Cost for a Patent Attorney to Examine a Produc
Post by Bill Richards on Dec 22nd, 2007, 2:54pm

on 12/12/07 at 14:47:40, DJoshEsq wrote:
Yes, once a patent expires you are free to make use and sell that product. Please contact me by email or telephone to discuss an estimate for reviewing the product and patent.

Just to clarify Josh's response, a single product may be protected by more than one patent.  In fact, it is quite common for a product to embody patented improvements that have been developed over time and those patents will expire at different times.  You should also know that not all patents run to their normal expiration date.  It is not uncommon for patents to lapse for failure to pay periodic maintence fees.  So, you may not have to wait those couple of years.
Finally, just because you can create the product for less does not mean you will prevail in the marketplace.  The current manufacturer may also be able to make the product much more cheaply and is just currently enjoying the benefits of patent protection.  (Think name-brand drugs versus generics.)  Plus, there are other issues like brand loyalty and presence in the marketplace that must be considered.



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