SA Patent Law for Selling Private Label Goods on Amazon?

[Rocawear]

Hi all.
Looking at importing and private labelling a type of bamboo chopping board from China to sell on Amazon in America.

The surface of the chopping board uses one flattened piece of bamboo rather than gluing strips together to form the surface. There are a range of benefits to this. There are various patents out there that seem to cover this technology.

Could anyone tell me whether i'd be infringing on any patent? If it is recommended that I speak to a lawyer, could someone please suggest how much something like this would cost to research?

 

[Tracy B]

Hi Rocawear,

If you are selling to customers in America, you will need to check patents covering this technology in America. If you are selling to customers in Australia, then check the patents in Australia. Note that many patents, though registered, will usually not hold up in court because the technology is too common or important and therefore, not patentable.

If your market is America, then you will need to speak with an IP lawyer in America as Australian law will not cover this. As this is an Australian legal forum, I do not know any American IP lawyers to recommend you. However, if you are looking to sell in Australia, or starting an Australian company, then you can search here for an IP lawyer: Get Connected with the Right Lawyer for You - LawAnswers.com.au.

 

[jackaustin]

I’d definitely check the patent situation before placing a large order, especially since you’re importing from China and private labelling for sale in the U.S. A similar-looking product doesn’t automatically mean it infringes a patent, since the specific claims, filing dates, jurisdictions, and patent status all matter. I’d also be careful when comparing wholesale suppliers for resellers, because the supplier’s assurances about patents may not protect you as the importer or seller. I’d start by identifying the exact patents covering the flattened-bamboo construction and checking whether they are still active in the U.S. If the product is commercially important, a U.S. patent attorney can do a more detailed freedom-to-operate review. Costs can vary depending on how many patents and claims need examination.