Basically, I operate in country X extracting aluminium. I use a process that is patented in countries A–P to extract this aluminium. Can I export that aluminium from country X to any of the countries A–P?

If I cannot do this, am I instead able to extract the aluminium in country X, use that to make a product of which it is one component, and then export that product to any of the countries A–P? For e.g., I extract the aluminium (using the process patented in countries A-P) and use it to manufacture golf clubs (made of al., rubber, and plastic) in country X; can I then export those golf clubs to any of the countries A-P?

  • A very interesting question. Patent laws are by country so it is possible the answer might vary by country too.
    – Eric S
    Nov 2, 2021 at 15:17

1 Answer 1


Answer for imported into the U.S.

No for the extracted aluminum but maybe yes for things partially made with the aluminum. US 271 (g)

Whoever without authority imports into the United States or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer, if the importation, offer to sell, sale, or use of the product occurs during the term of such process patent. In an action for infringement of a process patent, no remedy may be granted for infringement on account of the noncommercial use or retail sale of a product unless there is no adequate remedy under this title for infringement on account of the importation or other use, offer to sell, or sale of that product. A product which is made by a patented process will, for purposes of this title, not be considered to be so made after— (1) it is materially changed by subsequent processes or (2) it becomes a trivial and nonessential component of another product.

The loophole for the item made partially by the aluminum is (1) and/or (2). If the patented extracting process is followed by other not patented transforming steps by (1) the raw aluminum could be imported.

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