This question is a spinoff of this one:

If I license my patent to a corporation, would that tip them off to try to claim this patent in another country?

From the question above, I learned that if I have a patent in any country, then it is prior art for all countries. Thus, nobody else can claim this as patent in any other country.

However, they may still manufacture and sell products based on my patent in other countries.

So the question now is, if then I go to the country where the company is selling products based on my invention and file a patent in that country, can I get the company to stop selling the product?

1 Answer 1


In theory yes, but of course any legal action to enforce your rights will cost you money. If you wait until your patent is issued, you license it and then you see them or someone else selling in another location it will be too late to apply for a patent in that country.

There are ways to have a stake in the ground to get priority from your original filing under either the Paris Convention or the PCT process but it will cost money earlier in the process and there are time limits on how long you can wait before proceeding positively with filing somewhere.

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