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How does a company become competition for a company who has an existing patent on the product that we wish to sell?

We are creating a foam roller company where our initial patent search did not reveal an existing patent which "may" cover our idea. How do we move forward without infringing on a filed patent and become a competitor?

We filed a provisional patent 8 months ago because the nothing came up on our patent search with our attorney.

Thanks for your help!!!

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  • Was their patent granted after you conducted the search?
    – DukeZhou
    Commented Aug 23, 2016 at 21:21

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My understanding is that you'd have to approach them for licensing if it is the same idea.

If it's arguable that it is not the same idea, you could forge ahead with both your formal filing and product.

However, if you don't get your grant, or if they idea is close enough to allow them to sue, you could be opening yourself up for damages.

What is your lawyer advising?

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  • Do you know how it is that one company/person created dumbbells....just an example of a basic product which has been replicated by various companies. And yet there are several companies that created pretty much the exact same thing even though there is a patent? Did all the companies who create dumbbells have to get licensing rights to that patent?
    – user17374
    Commented Aug 24, 2016 at 2:17
  • Utility patents last 20 years, and Design Patents last 14 years. After the respective duration, the method or design is considered to be public domain.
    – DukeZhou
    Commented Aug 24, 2016 at 2:22
  • do you what the common fee for licensing is?
    – user17374
    Commented Aug 24, 2016 at 2:24
  • That would probably make a good question on it's own. It's not an area I have direct experience in, but I bet there are a few people out there who do. It's likely based on a set of variables.
    – DukeZhou
    Commented Aug 24, 2016 at 2:28

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