Questions tagged [international]

Questions involving patent issues across multiple countries. If your question is about a specific region or country (Eu, China, ...) please include that tag. If your question is about PCT applications (sometimes called international patents), please include that tag.

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Why would someone not file the same patent in China after filing the USA?

I am asking this because according to my research it is extremely cheap to file a patent in China (with attorney fees included). It is about a 1/10th of the price in the US. That would be less than a $...
0 votes
1 answer
22 views

Can I rescind nonpublication request and apply for PCT?

After 4 years prosecution, our USPTO application was allowed. We filed with a nonpublication request.Our patent was not published yet. At the time of filing we had no intentions of applying for ...
2 votes
3 answers
466 views

What is the status of this patent?

How can I figure out if PCT/AU2012/001589 is granted or not? There is a prior art case with US 2,223,561 A patented in 1939, but I don't know how to track that case.
0 votes
1 answer
46 views

validity of pharmaceutical patent in another country

If a pharmaceutical is patented in the US could it be produced and sold freely in another country?
2 votes
2 answers
159 views

Estoppel from international phase amendments

In a PCT filing, is there any estoppel effect of arguments presented during the international phase (under art 19 or art 34) on national phase filings?
0 votes
1 answer
108 views

Which countries does this patent cover? Is it possible to design around it?

In reference to the patent: US20130223070
1 vote
1 answer
99 views

Lip balm pen, inquiring about its international eligibility

In reference to the patent: US 8,596,897 B2 I am inquiring to the eligibility of this patent in the UK. Also checking if this patent was passed and taken into effect.
1 vote
1 answer
24 views

Corpus of (non-automatically) translated patents

A question from a patent outsider: is there any point in the patent process in which a patent might be translated (by a human, not automatically)? I am looking for patents in multiple languages to ...
5 votes
1 answer
707 views

Hiring a US patent attorney that is able to help with getting patents in the EU and China

I plan to get patents for my invention in the US, EU, and China. I am in the US. Is it common for US attorneys to either have the capacity to help with getting patents in other countries like the EU ...
1 vote
1 answer
51 views

If a company is selling a product from my patent in another country, can I get them to stop by filing patent in the country that the company is sellin

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 ...
0 votes
2 answers
40 views

Are there people who constantly look up newly granted patents in one country so that they can use it in another country?

If you are only considering filing a patent in one country, then as soon as your patent is granted it becomes public. So that means that someone in China will be able to manufacture and sell the ...
3 votes
2 answers
7k views

Is it legal to sell patented product in another country?

I'd like to begin reselling a patented product, in a country other than the one it's patented in. Could I get in trouble for selling it? Does the answer change if we talk about a replica of the ...
1 vote
0 answers
24 views

How to Understand CNIPA's National Interest Rules

Last month my patent was fully granted in Japan. I have only a short while longer until my PCT 30 month period expires. China is interesting to me especially for Hong Kong. I watched a video on ...
1 vote
1 answer
45 views

Where can I find all the reference documentation for a PCT?

This means all the communications and documents submitted, generated, exchanged and issued during the international phase (PCT) and all the communications and documents submitted, generated, exchanged ...
6 votes
1 answer
1k views

Is this patent application granted, abandonded or pending? Which countries does it cover? Are there family members?

Is the patent link to the patent valid? Has it been granted? For which countries does the protection apply? Are there other patents associated wth it? How do I know all this? (This question is ...
0 votes
1 answer
27 views

Can technology manufactured in UK be sold in US if only US patented but earlier manufactured in UK

If a technology was initially invented, manufactured and sold in the UK around 2008, but not patented, and a similar technology was later patented in the US in 2015 by a different company, can the ...
3 votes
1 answer
92 views

Using a US-patented invention in Canada

Are there any limitations or processes for using a patent in Canada that is registered only in the US? Are there any liability issues? Would I be infringing?
0 votes
2 answers
39 views

How is a US patent linked to the non-us person's identity?

I was wondering, how is a patent linked to the owning people who reside outside US? It cannot be only assigned by name of course. There might be thousands of people by the same name. Is it linked to, ...
0 votes
1 answer
30 views

Global ethical implications of a US patent

I would like to understand the ethics of Patents. There is a product that is currently sold worldwide, with a patent in the US only. If I was to sell the same product (diff. logo) in the UK/EU, what ...
0 votes
1 answer
313 views

Nationals to file for patent in their countries first

This is merely a hypothetical scenario but, I've been reading this article with regards to patents made by Greek nationals, which states that: In cases where they are working in scientific research ...
1 vote
1 answer
38 views

What counts as patents of "Foreign Origin" in the USPTO statistics?

The U.S. Patent Statistics Chart Calendar Years 1963 - 2019 (mirror) distinguish Applications of "U.S. Origin" from Applications of "Foreign Origin". What counts as patents of "Foreign Origin" in ...
1 vote
1 answer
47 views

Older US Utility Application

... that I am wanting international coverage but cannot as the time to do so has expired. I have designed a new component that works with the old claims as a single unit. Can I resume international ...
2 votes
3 answers
84 views

Filing of a PCT without disclosing all previous applications

A competitor of mine has filed a PCT application recently. They operate in Pakistan and Canada. I would like to challenge this PCT application. The timeline is my concern here: 2013-11-04: They ...
0 votes
2 answers
384 views

What can we do if a manufacturer in China copy our US patented product and sell them directly to US end user through E commerce

What can we do if a manufacturer in China copied our US patented product and constantly sell their copies to US buyers through international E commerce platform? This Chinese company does not have a ...
1 vote
2 answers
49 views

Options for commercializing a concept already covered by patent?

Over time I have developed a process and system for performing a core task in my field. The system is genuinely revolutionary, reducing the time required to perform the work by a factor of between ...
0 votes
2 answers
64 views

Patents that have been filed through the PCT

How do I confirm if an United States patent has been filed through the PCT ? Is there a number(cover page) on a granted patent that shows all the countries that the invention are protected in as well ?...
1 vote
1 answer
78 views

Is US 2013/0208181 A1 valid in Australia?

In reference to the patent: US 2013/0208181 A1 Is this patent valid in Australia?
1 vote
1 answer
66 views

PCT application: when is the last chance to file divisional applications?

Overview: I have several related inventions in a slowly emerging industry. Goal of minimizing upfront cost: I'm trying to preserve an early priority date while minimizing/delaying upfront cost as ...
0 votes
1 answer
43 views

Can the same patent be extended to a new country without one of the original co-author

Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
5 votes
3 answers
126 views

Patent enforcement

Can a US company which does not hold a patent for a product or method sell a US patented product or use a US patented method overseas without a licensing agreement? Is a US patent enforceable against ...
0 votes
1 answer
47 views

How to deal with patents that others hold?

I am an aspiring inventor and in the best case scenario I will be developing smartphones but something that is a huge hurdle for me are the patents that other people hold. I mean one company patented ...
0 votes
1 answer
61 views

Can I develop a product in the UK that has a US only patent?

My idea has recently been granted a patent in the US. I am based in the UK. Can I still develop and market the product in my local territory? I assume the US patent holders could apply and be granted ...
2 votes
2 answers
172 views

Is this patent issued?

In reference to the patent: WO2005071644A1 How can I find out whether any patents have been granted resultant from this WIPO application?
2 votes
3 answers
584 views

Patenting a game idea in India

I am having an idea related with a game, and I'd like to get it patented. I am a resident from India. If I patent this gaming idea in my country, would it be valid in an international level, so that ...
3 votes
4 answers
272 views

What countries is this patent effective US5710377 A

In reference to the patent: US5710377 In what countries is patent US5710377A effective/protected currently?
24 votes
8 answers
5k views

How can I perform a global patent search for free?

I'm aware of several resources for searching the national or regional (e.g. EU) patent databases, but have found no tool for searching patents in all (or even several) countries at the same time. Is ...
0 votes
1 answer
102 views

Am I getting a response for Rescission of Previous Nonpublication Request?

I filed a US patent using EFS-Unregistered on June 1st, 2018 with request not to publish. I filed the related international ePCT on June 4th, 2018. I understood that I would need to rescind the ...
3 votes
2 answers
285 views

Canadian and intl patent application-in-process beat me to it

I had an idea for an invention. I found nothing similar on uspto.gov. Then I discovered Google Patents. I immediately found that someone from Canada is filing a patent for the same invention on the ...
3 votes
2 answers
48 views

The allowability of amendments

My PCT application (at EPO) has been rejected due to the lack of novelty and inventive step. Now, I am considering amendment of the claims under Article 34 PCT. The description contains the following ...
1 vote
1 answer
103 views

Which is the first filed country of patent CN 203733449 U?

If an inventor wants patent protection in more than one country than he has to file a patent application in different countries separately for the same invention. So the country in which the applicant ...
1 vote
0 answers
25 views

An idea for mobile phones screen utility option

I have an idea! (Just) in my mind.it is a very useful idea when it will b practicly use in for upcoming mobie phone which will be more convenient to use there phons easily... So shall I patent my ...
2 votes
2 answers
63 views

What if the cloud is located where the patent is null?

In reference to the patent: WO2017054090A1 I just wanted to know if someone can barely do the same thing as claimed but with a cloud located where the patent is not filed/granted/valid. For exemple, ...
-1 votes
1 answer
27 views

Is this patent legal?

In reference to the patent: EP3247374A1 Is this patent an infringement in progress? This patent is currently being discussed (2018-4-24) as a hot topic in China Taiwan's media. The patent was ...
2 votes
1 answer
97 views

Are the following patents European only? EP 1849393 B1 and WO2005108015 (A1)

These are patents by a cleaning company in Denmark named Vikan. I would like to understand if these are patents that are European only or also US patents. Also, when I look on the European patent ...
2 votes
1 answer
387 views

publish date vs priority date in pct countries for novelty purposes

I filed a provisional patent application "PPA" on January 1st, 2017 with the USPTO. Then I missed the 12 month deadline to file in the PCT to preserve my international rights in those participating ...
1 vote
1 answer
64 views

Is there a cheaper patent for low income applicants?

Is there a government supplement that offsets the cost of obtaining a patent for low income families?
1 vote
1 answer
360 views

If each country is resonsible for its own patents, can an invention be copied from one country to another?

I'm new to patents and am a bit confused by the whole system. To my understanding a patent is applied at a federal level. Does this mean someone can go to France, see an invention that is patented ...
0 votes
2 answers
29 views

Is this patent limited to the usa or internationally?

In reference to the patent: US8424138
4 votes
3 answers
154 views

Filing in foreign office before domestic one, will the patent be rejected?

I know that some countries have security concern, and patent must be filed at domestic office to check for security before filing at foreign office. The question is, what if I filed at foreign office ...
0 votes
1 answer
21 views

Is this patent for the entire unit or just a specific part?

In reference to the patent: US7926598