Good evening,

I own a patented product and have found a company that has the ability to manufacture it in-house. Is there certain paperwork that needs to be in place since the product is patented or can I just go to them whenever I want them to make it?

Thank you in advance, David

  • Can you clarify what sort of paperwork you are thinking about? Regulatory or contractual? – Eric Shain May 13 at 19:33
  • You may also want to clarify if the manufacturer is in the same jurisdiction as you. For example, if you have a patent just in the US and are using a Chinese manufacturer, things might get interesting as your patent right does not extend to China. – BobtheMagicMoose Jun 12 at 18:36

First please note that I am not a lawyer. I don't think we can answer your question with certainty, but I will point out a few things to consider. First, while your patent provides protection for your technology, it doesn't guarantee freedom to operate. As an example lets say the patent for pneumatic tires were still in force. Someone could invent and patent the radial tire as an improvement, but would still need a license to the original pneumatic tire patent since a radial tire would infringe the original patent. Also, your product might implement other patented technologies such as wifi chips that require licensing. Thus, having a lawyer perform a freedom to operate analysis is a good idea.

In general, patents are used to keep someone else from manufacturing or selling the patented technology and don't incur any government paperwork (that I know of) for sale of products. However, depending on the type of product and the locale of sale, there can be government regulation. An obvious example are medical devices which may need to be approved by government entities before being marketed.

The bottom line is that you really can't rely on internet sites like this for legal advice on your specific situation. Competent legal advice is a necessary requirement for running a business these days and I would recommend you consult with an attorney.

  • Interesting, I understood the question as the OP having a patent and wanting to know if he can have someone else produce it or needs to expicitly allow them to do that. – DonQuiKong May 13 at 17:09
  • I don't see what difference it makes if he uses a contract manufacturer of does it himself. Most small companies use contract manufacturers. If you hire one, you are explicitly allowing them to manufacture. There might be a difference if the manufacturer is in another country, but he doesn't specify. – Eric Shain May 13 at 17:26
  • yes, I agree, I just think thats what op was asking about. – DonQuiKong May 13 at 18:42
  • @DonQuiKong You may be right. I asked the OP in a comment for a bit of clarity. I may update the answer based on his reply. – Eric Shain May 13 at 19:34

Your Answer

By clicking "Post Your Answer", you acknowledge that you have read our updated terms of service, privacy policy and cookie policy, and that your continued use of the website is subject to these policies.

Not the answer you're looking for? Browse other questions tagged or ask your own question.