Discussion:
I am starting a business of selling nutritional supplements.
Actually it is only one supplement. Currently, I am buying
it wholesale and selling retail. The wholesale price includes
the patent fees.
I would much prefer to manufacture the supplement myself.
I feel that the patent is groundless. Need a legal advice
to know if I can do anything about it.
Can I ask a lawyer, for a fee, to prepare a lawyer's opinion
about the issue so if I am sued the judge will treat me
fairly? Iwould also post a copy of that opinion on my business
website.
The substance in question is a simple salt. The subject
of the patent is 'The method of administering that salt'.
Am I going to be OK if I advise my customers to administer
that salt differently than what is described in the patent?
Believe me, they will not miss much.
I thought that in America you cannot patent a natural substance
like vitamin C. The salt in question is something even simpler
than a vitamin.
Please help.
Agnes
Answer:
I am not an attorney, but have you read the patent on the
USPTO's web site? If yes, does the patent in question make
reference to any other patents?
I am sure a patent attorney might be willing to give you an
opinion as to whether or not you can/should apply for your
own patent; however, I don't know if either a patent attorney
or a general attorney-at-law would be willing to state
that the patent in question is invalid. An attorney might
be willing to tell you in writing as to to what chances your
own patent would stand up in court, if the owner of the
patent in question brought infringement claims against
you and your patent.
You could let the forum know the patent number in question,
but I doubt if any attorneys on this forum are going to take
the time to review the patent and provide you with a definitive
response; however, an attorney in this forum might be
willing to say whether or not a general practitioner should be
able to help you apply for your own patent, etc.
You might try calling one or more general practitioners, and
ask if they can give you guidance on applying for a patent.
You could "incidentally" ask them if they would be willing
to provide you with a written opinion on the patent in
question. But, even if an attorney agreed to provide you
with an opinion, you will need the attorney's permission to
copy and reproduce/paraphrase his work.
It seems publishing an attorney's opinion would be considered
as a disclaimer on your part, but a disclaimer can't prevent
an infringement claim from being brought against you and
your customers. Having your own patent would be better,
but again, it would be no guarantee that infringement claims
can't/won't be brought against you.