Discussion:
What is the name of your state? Wa.
I want to incorporate an existing manufactured plastic hinged storage container into my invention that I am about to apply for a patent for. The existing plastic product doesn't have a patent # on it anywhere. Question: Can the manufacturer of this already manufactured plastic container stop me from using his product in my product if his product is not patented? if it is patented?
And...will the patent office let me incorporate this already manufactured product into my patent application?
And...how can I find out if the plastic compartment is patented if there is not a patent # on the product so as not to have to worry about the manufacturer of the product coming after me later on..whew....hope you can give me some helpful advice.
Answer:
"Can the manufacturer of this already manufactured plastic container stop me from using his product in my product if his product is not patented?"
Generally No. If the box isn't covered by patent, then he probably can't prtect it. If the box is distinct in some way, there may be other protections, like trademark, but this would be unusual unless the box is closely tied in with the other company's identity.
"if it is patented?"
Yes.
"And...will the patent office let me incorporate this already manufactured product into my patent application?"
Depends on what you mean. You can certainly incorporate the existing box into the description and such, if it is an integral part of an embodiment of the invention. However, you cannot have any claim language or anything that will give you any ownership over the box. For example, you can have a patent on a widget, where all of the claim language describes the widget, and your prefered embodiment describes your widget uncluding a plastic hinged storage container. However, this won't stop someone else from developing a completely different widget and using it with the same box.
If you invention is an improvement to the exisitng box, youcan patent that, but none of your claims can cover the parts of the box that are not imporved. Basically, in either case, you can protect your invention, whether it be a seperate widget that uses the box, or is an improvement to the box itself, but you canot claim any rights to the existing box itself.
I know that was kind of complicated, but I hope it makessense!
"And...how can I find out if the plastic compartment is patented if there is not a patent # on the product so as not to have to worry about the manufacturer of the product coming after me later on"
Search the USPTO website, or pay someone (a patent agent or patent search firm) to find out if it is patented.
Answer:
"And...how can I find out if the plastic compartment is patented if there is not a patent # on the product so as not to have to worry about the manufacturer of the product coming after me later on"
Search the USPTO website, or pay someone (a patent agent or patent search firm) to find out if it is patented.
If I called the manufacturer and asked them if it was patented or trademarked, do you think they would give me the answer? going through a professional search is expensive and doing it myself may not be thorough enough. If it was patented they should be ok with telling me so....don't you think?
Answer:
"If I called the manufacturer and asked them if it was patented or trademarked, do you think they would give me the answer? going through a professional search is expensive and doing it myself may not be thorough enough. If it was patented they should be ok with telling me so....don't you think?"
They might, it never hurts to ask!
Answer:
"If I called the manufacturer and asked them if it was patented or trademarked, do you think they would give me the answer? going through a professional search is expensive and doing it myself may not be thorough enough. If it was patented they should be ok with telling me so....don't you think?"
They might, it never hurts to ask!
Thank you for your advice Divgradcurl Frank