This is a Korean patent. Does this patent prevent a European company from using this method and selling products made with this method?
Can a European person register this patent for Europe?
1 Answer
A Korean patent jurisdiction covers Korea. You can't sell, manufacture or import the technology covered by this patent in Korea. All patents are effective only in the country they are issued from. Many times there are corresponding filings in other countries of the same invention so you have to look for those. I checked and didn't find any, but this is cursory check and shouldn't be relied upon.
One should always understand that avoiding infringement of one patent does not mean you avoid all patents. For instance, a patent may be for an improvement on an invention covered by another patent. You might avoid the improvement but still need to license the original patent. It is prudent to do a "freedom to operate" analysis. This is usually performed by a patent attorney.
As for "Can a European person register this patent for Europe", no you can not file an application for a patent on this technology anywhere. Only the original inventor can do so and since this patent has published probably not them either. The Korean patent represents prior art and forever excludes anyone from filing an equivalent patent application anywhere else in the world.
-
You might have meant import not export. Prohibiting export isn’t required because for it to be exported it either had to be imported (prohibited) or made (prohibited) in the jurisdiction.– George White ♦Commented Aug 31, 2023 at 15:48