Can I sell an item on eBay that is patent protected?
I'm selling an item on eBay and I've gotten 2 emails from some guy in Germany saying that I can't sell my one, used item because it is patent protected. The email says it should be removed from eBay. I don't see why this is any different than selling something like an iPhone. The item is not prohibited by eBay in anyway, and eBay has never contacted me.
It depends on what it is and whether you have a right to sell it.
If it is something you paid for, you should be able to sell it
I wouldn't be listening to any one but E Bay… Usually if it's something illegal to sell, like a recalled, illegal or banned item, EBay pulls them immediately if they make to Sales… And that is who you should ask & take advice from - E Bay, not, any one else!
Of course you can!
Just about everything USED item on Ebay has a patent.
You think it's illegal for me to sell my car?
How about anything else I own.
That person is either an idiot or is trying to scam you.
Is it software? If so he's right.
Depends on what the "item" is and if you actually own it or it was obtained under a license and then misappropriated.
If it's simply some off-the-shelf thing that happens to be patented, the patent owners could prevent you from selling it only if they have proof it was counterfeit (i.e., created without their license) and that they have an actual enforceable patent on it in your country.
Ask them which US patent they are attempting to assert, ask them why they believe your item is infringing and then consider taking the information to an attorney for further specific advice.
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