Is a patent valid if the company no longer exists?

bgo1

Hi folks - I was going to contact a company in California about a product that they made but only sold in America, about selling it in Europe for them.

On researching who they were, a small research firm, they are now registered as 'cancelled' on the California business register and have no website anymore for their domain name and i cant find any website to buy the product new anymore.

Hence, i was contemplating getting the same product developed using a product design agency from scratch here and build/sell it that way but if this ex company had a patent on its technology would it be valid if the company no longer exists? (assuming this company registered a patent or that a patent is registered at all - yet to check as i have to learn how exactly!!).

pedronomix

Is there a patent? Who owns it? Find the answers to these two questions before you waste a penny!

bgo1

pedronomix wrote: »

Is there a patent? Who owns it? Find the answers to these two questions before you waste a penny!

Im unsure at the minute as i have to do a search but when I bought the product a year ago (was a resell) the box said patent pending. Hence, even if they had succeeded im wondering if them going to the wall would affect that and allow me copy the technology at will?. Appreciate the reminder on wasting money before knowing reminds me to do the due diligence and not rush in.

newacc2015

They may have sold on the patent. They are easily searchable online.
http://www.uspto.gov/main/profiles/acadres.htm

pedronomix

You need to establish the facts, clearly you have no idea if they have gone bust, they could have sold/merged/even simply rebranded/licensed out etc. The product may never have been patented or even been capable of being so. If it was, did they secure EU registration?

bgo1

pedronomix wrote: »

You need to establish the facts, clearly you have no idea if they have gone bust, they could have sold/merged/even simply rebranded/licensed out etc. The product may never have been patented or even been capable of being so. If it was, did they secure EU registration?

The company has definitely folded as i have used the registered directory for buisness's in California: http://kepler.sos.ca.gov/

As they never sold outside America i doubt it although cant be sure - is there a process to check?

However, as someone stated they may have sold the patent if their is one, on checking the link provided above (with thanks), I cannot yet find it. I presume their are people who may specialize in trawling for this as its a huge amount of product list to go through using different terms that could be linked with it?

They did have their product name trademarked but that must be a common enough thing to do.

Would anyone have any experience using product design companies in Ireland? Useful?

the_pen_turner

if the company went into administration or liquidation im sure any patents would be first to go,

if it was a small company that decided to close the patent could be still with the owner


the patent might even have been licenced to the company and own by a third party

pedronomix

All we now know is that the company that was selling/marketing the product has gone, No info as to if there ever was a patent and if so as to who owns it and what territories it covered. Was it a registered trademark? might throw up a name or it might just have been a proprietorial name owned by the seller. Patent attorneys can do the searches but such will cost money https://www.patentsoffice.ie/en/Patents/Patent-Agents/Register-of-Patent-Agents/

bgo1

About the product - I would have to source a tiny device (already sourced in the UK who are sending me samples on me telling them what i wanted to use them for), hence I have to create a bespoke plastic casing to enclose this device and design to allow for attachment and then full testing/calibration to check it works for the use I want it for.

The actual technology now iv re-looked at this closely, would mainly belong to the UK company who will definitely have a patent on it, but not for the particular end use I want it for (niche market to me, extremely niche to them). Would this be a leasing agreement with them to use their device, on initial contact they ultimately just want to sell more of them so were happy to facilitate.

On a side note, is 3D technology now in regular use, if I just want to create a small plastic casing? Any companies in Dublin that can do this?

pedronomix

The UK company sell you on an outright sale basis and you can use it as you see fit, unless they require some form of licensing agreement which would be highly unusual at this level.
Search "prototyping" in the search box on the home page of this forum. There were some great threads on this topic recently with links to suppliers.