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I have a patent for a controllable-pitch propeller. I have filed successfully in the US and the patent should issue shortly. For various reasons, I did not file in foreign countries.

My question is, if someone drove a ship or airplane made in Germany into the US with the technology onboard the vessel, could this be construed as IP infringement? If so, who would be liable - the manufacturing company or the owner of the vessel?

Regards,

Jordan

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My question is, if someone drove a ship or airplane made in Germany into the US with the technology onboard the vessel, could this be construed as IP infringement? If so, who would be liable - the manufacturing company or the owner of the vessel?

No, that would not account for an infringement. The aircraft or ship is in transit and only would be in country for temporary time, so it is not being IMPORTED and there is no infringement.

If any aircraft or vessel is being imported by an American entity (having the technology patented) then its an act of infringement.

The liability of importer or exporter for infringement depends on the terms of agreement made and an attorney would be in a better position for identifying the parties.

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I just spoke with an attorney. It would not be considered importing but he said it would be considered "use" and as such could be deemed to be infringing.

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    please refer to 35 U.S.C. 272 Temporary presence in the United States. The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft,or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft, or vehicle and is not offered for sale or sold in or used for the manufacture of anything to be sold in or exported from the United States. – RishiM_IPR 2 days ago

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