Territories and Patents

[anthonytaylor]

Hi everyone

Quick question - If a USA patent has been granted, then can a similar product be manufactured and sold (not patented) in the UK/EU if no UK/EU patent has been applied for / granted?

Kind regards,
Anthony

 

[Discs Like New]

Anyone know about this chaps?

 

[Swisaw]

USA patent only applies to USA. Any one can manufacture and market the item outside USA in any country, where no patent granted.

 

[hjgandhi]

I would also add that if a patent is granted in the US for a product then you can manufacture / sell that product in UK / EU (assuming there are no 3rd party rights in UK / EU), but you can not then import that product into the US as importation into US would constitute patent infringement in the US.

Patents are granted on a territorial basis and the rights of the proprietor of a particular patent are limited to the territory that the patent is granted and in force.

Regards,

Hiren Gandhi

Swindell & Pearson, Patent & Trade Mark Attorneys