Ordering products from China - patent issues?

ebtek

ebtek

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Oct 21, 2008
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when browsing the catalogs from over seas manufacturers, does anyone do any patent investigation before proceeding with ordering/white labeling?

i let my first venture fizzle out after learning that the product i was going to buy 1000 pcs of had a NA patent.

i have a new product in mind and the manufacturer makes them with a label on them. they're advertised in the catalog with that brand in the name too.

am i playing with fire if i just proceed with ordering these (100pcs to start) and having them put my logo/website on it?

I know sometimes you have to be quick with these things, and spending time and money for a lawyer to do a patent search is something we'd all obviously want to avoid.
 


well, i just found the patent for the item i was thinking of white labling on google patents.

its very extensive.

what do i do now? can i get the Manufacturer to change a few things on it?
 
kingdexer said:
are you reselling something, or rebranding a product?
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Well I'm not reselling. I guess it would be considered rebranding a product. But isn't everything in those catalogues 'rebranding' since everything in inventory comes from some western country's design?

I doubt china is in the business of just creating products hoping people will buy. All of their items have been designed and developed by someone else first.
 
Fatbat said:
You either need to speak to a qualified lawyer...

or...

you pays your money, you takes your chances.
Click to expand...

Will you flip me a deal on the blood pressure shit in your sig if I choose the latter? ;)
 
Based on what I've heard, patents get ripped off all the time. No matter how much you're sued for, you'll make more profit ripping off the patent regardless. Mind you I'm no lawyer so don't take any legal advice from me.
 
Talk to someone who knows what they're doing in China regarding getting the manufacturer to brand it for you there, then get rights as a 'distributor'

My uncle has been in import/export for 3 decades, legal or not this is often how US companies at scales that aren't huge bake in some safety.


With my China test I ignored the nonsensical patent- you'll find even US small businesses often ignore them.

NOW - depends whose toes you're stepping on. If it's a major corporation they're gonna get pissed, let them get pissed at someone across the pond.

but I'm also not an attorney.
 
thanks for the tips guys.

the question above got me thinking - maybe it would be ideal to simply 'resell' these.

if i bought a bunch from china with the existing company's name, and just sold them on ebay or wherever, what kind of trouble could i get in?

would they keep track of every single reseller or everyone that is selling their products?
 
chatmasta said:
how is that any different from selling boatlaods of them on your own site?
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its different because im not blatantly stealing their design/product and claiming it as my own under my brand.

they cant come after me for all sorts of things including patent infringment
 
yeaaaaaaaaaaa its good to get products from china .... most of the products in my country has the mark of made in china
 
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