I'd like to begin reselling a patented product, in a country other than the one it's patented in.
Could I get in trouble for selling it? Does the answer change if we talk about a replica of the product?
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What would a "replica" mean?– George White ♦Commented Mar 1, 2021 at 18:50
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Infringement of patents is based on something that contains all of the elements in at least one claim. Something that is similar to a patented product but omits an element would not infringe.– George White ♦Commented Mar 1, 2021 at 22:21
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2 Answers
Yes, you can sell patented inventions in other countries. You just can't manufacture, import, distribute, or sell patented products in countries where the invention is patented. If the patent owner catches you doing any of those 4 deeds, the patent owner can get an injunction to stop you and sue you for lost profits. In some countries, the owner can sue you for triple your profits.
For example, if somebody patents a new type of solar panel in Canada, and extends that patent into Europe and the U.S., but not any other country, the inventor can't do a thing to you if you sell a similar solar panel in China, Australia, India, Japan, or elsewhere.
To put it simply, US patent laws don't extend outside US borders. Same with Canadian patent laws; they don't apply outside Canada. And so forth.
I suggest you exercise caution if you plan to sell a patented product even in other countries. Or even sell a knock off product made in other countries. Why? The inventor will have several years after applying for the patent to extend their patent rights into other countries. You don't if the inventor has applied to extend the patent rights elsewhere, and the application is still pending.
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nor offer for sale or use - at least that is the law in the U.S.– George White ♦Commented Mar 1, 2021 at 20:26
Yes, you can as RichS said, but also take in account the comment from George, at least in the United States you can not offer for sale or use that patented product.
First you should check well the total amount of countries where the patent has been granted and check similar laws that forbid the offer for sale or use, for example Australia includes (offer to make, hire, sell or otherwise dispose of the product).
You will end with a product/business that will be in a constant risk of getting sued after the minimal error (of course depends on the owner enforcement strategies) by you or a reseller.
You should use a label on the product and any material that the client/reseller face saying :
"... This product cannot not be exported, offered to sell, use, make, hire ....... to Australia/United States/etc ..."
You should try to reach some agreement with the patent owner to avoid bigger problems as you can get in problems even with an email
