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alex reese
alex reese, Attorney
Category: Legal
Satisfied Customers: 3466
Experience:  BS, MS, JD
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I wanted to create a baby bottle but there is a bottle I am

Customer Question

I wanted to create a baby bottle but there is a bottle I am interested in selling already but I wanted to private label it instead of selling their brand. How would I legally go about this so I can sell this product? How can I go about finding out if it's patented or not? If I have to change the design by how many percent to make it legal?
Submitted: 1 year ago.
Category: Legal
Expert:  KJL LAW replied 1 year ago.

Good Afternoon. Your questions has to do with patents and a baby bottle design. A good rule of thumb is that if the website for a manufacturer/seller states that the design is patented, then it probably is patented. Companies that invest tens of millions of dollars in a design and sale of a baby product always have it patented. You could do a search on the www.uspto.gov website to see if it is patented. Do not rely on the Chinese manufacturer regarding a products patent, hey usually just want to make money of production because they are rarely sued. If you have any other questions let me know.

Expert:  alex reese replied 1 year ago.

I agree you should never trust a representation from China and if you do its never an excuse and will not make a difference. I would add that you need a patent attorney to examine these issues (infringement) for you before making any business decisions. There are a lot of assumptions that can get you in trouble. There is no way to "find out if its patented" in the way you think because patents have no formal connection with products except for the patent owner's claim that its product is covered by a patent, but that may not be true and you need a patent attorney to render an opinion on that by comparing that product to the patent's claims.