Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Devin on June 19, 2019, 03:42:39 PM

Title: Collapsible Straw
Post by: Devin on June 19, 2019, 03:42:39 PM
Hello!

I was thinking of selling a collapsible straw with keychain case with my logo on it.

There's this company Final Straw finalstraw.com
That filed a patent Here:  http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=10,123,641.PN.&OS=PN/10,123,641&RS=PN/10,123,641 

I also see companies like Walmart selling these as well that are not Final Straw brand. https://www.walmart.com/ip/Collapsible-Reusable-Straws-Case-Holder-Keychain-Portable-Collapsible-Foldable-Stainless-Steel-Smoothie-Drinking-Metal-Tumbler-Straws-Cleaning-Brush-/716659657

What grounds is the patent that Final Straw has and how are Walmart and sellers on Amazon able to sell these?

Thank you!
Title: Re: Collapsible Straw
Post by: Brad on June 22, 2019, 08:00:33 AM
Trying to determine what specific rights a patent like FinalStraw has can be challenging and most patent attorneys will charge at least a few thousand dollars for this work called often called a "freedom to operate" opinion.

In general, you must look at the "claims" section of their patent to see what their patent actually covers.   For example, if their claims all say the stray must include 4 sub-units and Walmart sells one with just 2 sub units it may not fall under the claims of their patent and the patent owner cannot stop them.

(this is not legal advice and claim interpretation is one of the most difficult and serious parts of patent law so you will not get specific advice online for questions like this).