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Old 05-10-2006, 09:15 AM   #19
RachelFlores's Avatar
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Join Date: Apr 2006
Location: Texas DFW area
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Re: The Truth about the Pocket Diaper -great article

Originally Posted by Ooey
Does this mean that the (adorable) WAHM pocket diapers I bought of ebay are contraband?

Am I going to get in trouble when I try to re-sell them?
Yes, the ebay sellers are probably violating the patent but, no you won't get in trouble when you try to resale them. Resale of used merchandise is not covered under ANY patent.

I've looked into this and I know that Happy Heiny's fought it in court and the judge upheld the patent and I seriously doubt that another judge will overturn that rulling so unless there is ANOTHER argument that Happy Heiny's didn't use to make the pocket diaper patent invalid then there is no recourse.

The patent covers any diaper with a water resistant outer, stay dry inner, and opening on a leading edge sooo a lot of things don't need a patent:
fitted pockets
pockets with velour or flannel inners
diapers where the "pocket" opening is at least one inch below the front or back edge
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