Well, technically, you need a license to use these patented products, even if you are just building in the basement.

However, generally, if you have legally purchased these products, you have a license. I believe that situational complications can arise, but they are not the norm.

Just to be clear. Many things we buy are patented, but if the patent has already expired then you are free to use or even make them without causing a problem. Also, if you take an existing item that has a current patent and use it in a unexpected way or an application not covered by the patent then in theory that is not infringement and you possibly could apply for a “new use” patent. If you take a product with a current patent, modify it to work better or in a unexpected way or an application not covered by the patent, then in theory you are also not infringing and possibly could apply for a patent yourself. Suggest you talk to a Patent attorney or agent for guidance when dealing with products that have current patents.

“Also, if you take an existing item that has a current patent and use it in a unexpected way or an application not covered by the patent then in theory that is not infringement and you possibly could apply for a “new use” patent. If you take a product with a current patent, modify it to work better or in a unexpected way or an application not covered by the patent, then in theory you are also not infringing and possibly could apply for a patent yourself.”

I am glad you mention this, since its a misconception that should be clarified. If an item is patented, you don’t have a license to use it, and the patent is not expired, you cannot use it without infringing. Period. You might be able to patent a new and non-obvious method of using the product, but you will not be able to practice your invention without infringing the original patent. You might be able to patent an improved product, but you might not be able to even manufacture it without infringing the original patent, depending on what is claimed by the original patent.

I am not an attorney so this is just a personal opinion. I’m pretty sure a patent just stops you from selling a protected item, even reselling is okay if it was legally purchased. If all you are doing is making a prototype of a potential invention, not selling it, you should be okay. If your new product falls under the restrictions of the old (still active) patent, you will need to get permission from the patent holder to sell your item, but not to license or patent your idea.
I hope one of the attorneys here will clarify this for us.

I’m also not an attorney and agree it is fine to build prototypes using parts that have current patents. I think the problem occurs when you take that prototype and attempt to license it and don’t disclose that it contains parts that may require additional licensing.

Inventors “invent” products using pantented products (current and expired) all the time. As long as you legally purchase the item, you can use it however you want (barring any contract or law to the contrary). A good example (amoung thousands) would be “Velcro” (hook and loop fasteners). People patent products ALL the time using “Velcro” (tradename) – hook & loop fasteners all the time (before and after the patent has expired). As long as you purchase from an authorive dealer/distributor, you’re fine. It is standard protocol to give credit to the brand on your packaging and/or product (e.g. “Velcro” is a trademark/ patent of….). SIDE NOTE: Of course several companies make hook & loop fasteners now since the original patent has expired, but you get the point of my statement.