What if I make a already patented product at cheap cost?


Generally, when a product is patented one cannot make, use, offer to sell, or sell the product in the jurisdiction where the product is patented. Secondly, if the process for producing/manufacturing a product or patented product is patented one cannot use the process.

Courtesy :- Google Images

In case, if there is an alternate process which provides economic significance in the product cost but technically provides same patented product ,which you may produce /manufacture with different process, but since the end product is same as that of the patented product, one cannot make, use, offer to sell or sell in the patented jurisdiction.

Alternatively, if one make substantial changes in the process to produce a product which has significant differences from the patented product then one can make, use, offer to sell, or sell the product with significant differences in same jurisdiction.

If not, then apply for a process patent and make a joint agreement (cross license) with the applicant of the product patent to make a win-win situation for both.

Else, find a different market place to make, use, offer to sell, or sell the product where the product is not patented.

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