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In reference to the patent: US5727352

Is there penalties for a business using the ideas presented in this patent, in a country outside of the USA?

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US patents only protect the use of the patented invention in the United States. There are often equivalent patents filed in other countries. In any case, patents expire and this patent should have expired a couple of years ago. In the US you should be free to practice the invention described by this patent. Outside the US you will need to verify that any equivalent patents have also expired. You also need to understand that there is potential for other similar patents that are still in force.

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This patent is also published as WO1996019627A1 (a PCT publication), JPH10510894A (a Japanese publication) and CA2207907C (a Canadian publication). In all probability, since in most places 20 years from the date of filing is the term of the patent, these would have expired. You could check for the status of these patents in INPADOC or the global dossier. With respect to the technology, you would need to check for in-force equivalent patents, to gain freedom to operate.

  • A publication is not necessarily a patent. The WO document for sure isn't a patent. – Eric Shain Jun 3 '18 at 2:47
  • Yes, however most applicants use the term "patent pending" and establish the technology as their turf. So for a freedom to operate the applications are also an impediment – Sarasija Padmanabhan Jun 4 '18 at 5:10

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