The mere filing of a patent application is not an act of infringement. In other words, you can’t be sued for trespassing on someone else’s patent rights if you have only filed a patent application.

The question, rather, is whether your actions will cause someone to sue you on their patent, irrespective of whether you have a patent or not. If you are using components A+B in your invention, and you have not obtained a license from the company that has patented component A in your country, then you can be sued. Alternatively, you can purchase component A from them and because they have then exhausted their IP rights (i.e. made their money), you can’t be sued.


Always make sure with all aspects of your product that you either legitimately buy the parts or, if they form an intricate part of your invention and cannot be bought off the shelf, that you obtain a license from the patent owner. This is why it is so important to have an infringement search done in your country – to ensure that you are not making something that contains as aspect that could get you sued by an existing patent owner (who will most likely also be a competitor of yours). Patent litigation, although rare, is expensive.

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