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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25
votes
8answers
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 ...
15
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2answers
765 views

What are the possible consequences of using software developed outside of the US that infringes a software patent?

Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
14
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1answer
5k views

When patenting in the United States, what impact does patenting in other countries too have?

I've seen where companies have filed for the same patent in multiple additional countries beyond the United States. What is the motivation for such extensive patenting? What impact (if any) do these ...
13
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2answers
284 views

Is there a specified route to convert UK patents to US patents?

If I have an existing UK patent, is there a way to get it recognised in the US, or to convert it to be a US patent? My guess is that there must be agreements between countries on how they handle ...
12
votes
2answers
644 views

Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence

Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
12
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2answers
2k views

Revising a poor English translation of a US national phase application based on a foreign language PCT application

A patent application was originally drafted in a language other than English and filed in a country other than the US. It was subsequently translated into English and made a PCT application and ...
10
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2answers
913 views

Prior art for new treatment for anxiety disorder

Consider this WIPO: METHODS FOR TREATING SOCIAL DISORDERS and its current 3 entries at national levels: #US20110027765 -> Reviewer has requested some changes in the claims but it's going forward. UK: ...
7
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3answers
429 views

Are there any advantages to making your first filing in one country vs. another?

Is it always better to file a patent in United States first before extending it to other countries? What if we do the reverse: file patent in a small country then only extend it to the United States. ...
6
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1answer
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 ...
6
votes
2answers
256 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
5
votes
1answer
268 views

Patent. What is the paris convention What are the principal features of the paris convention?

What is the paris convention and What are the principal features of the paris convention?
5
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3answers
152 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 ...
5
votes
1answer
73 views

How do I update the address on a patent I own?

In reference to the patent: US5504946 I own this patent and would like to know how to update my UK address details. I do not have a lawyer. What steps should I take to update my address with the ...
5
votes
2answers
1k views

Possible US patent infringement and German company

We are currently trying to set up a startup that sells a software product online. The software can be downloaded worldwide and paid for via Paypal. Our company is a limited liability company based in ...
5
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3answers
124 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 ...
4
votes
3answers
343 views

How can I best aid in keeping the patents system at bay?

I have become convinced that the patent system is inherently unfair and hurting the well-being of people all over the world. Trivial patents are just one well-known pain and I want them gone as much ...
4
votes
2answers
630 views

Personally liable for patent infringement

Can the director of a one man UK limited company be held personally liable if his product infringes a US software patent? The UK company's software product is sold in the states over the internet.
4
votes
1answer
210 views

Making a game with patent art graphics

I'm considering making a game that uses patent illustrations (from Context-Free Patent Art) as graphics. I've read the answers to Are text and images in the patent copyrighted?, which suggests that if ...
4
votes
1answer
240 views

PCT Application

If a Provisional Application is filed in USPTO, let us say on June 01 2015 and before June 01 2016 a proper PCT Application (an International Provisional Application, this is also a provisional) is ...
4
votes
1answer
396 views

How much does US patent law affect international development?

I am originally from Canada, and I live in Asia, but, like a lot of software developers, software code I develop on the web is hosted and used within the United States. Like many, I've heard lots of ...
4
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3answers
95 views

Patent filing via international PCT system

After filing an US application how much time should the applicant wait to file a PCT application? What are the benefits of filing early or late?
4
votes
1answer
86 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?
4
votes
1answer
33 views

Use of invention molds without permission

someone may be using our molds in China to produce products they do not have permission to do so. what can we do about it?
3
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2answers
278 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
2answers
2k views

Does filing a patent protect you abroad?

I want to file a utility patent, I've read that by filing it in my country I will only be able to enforce it inside the national limits. However will other entities outside my country be able to ...
3
votes
2answers
803 views

I file for a patent in Canada and US. if someone files a patent in China before me, can I still 'publish' idea in China?

Assume I made an invention and I filed a provisional application for patent in Canada and US and follow up by filing a non-provisional application for patent within a few months. If someone files a ...
3
votes
1answer
651 views

US non-provisional application for a non-resident

I submitted a provisional patent application from a foreign country to USPTO a few months ago. I researched and determined that my idea is worth a proper patent application (I made it public). Is that ...
3
votes
2answers
46 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 ...
3
votes
2answers
6k 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 ...
3
votes
2answers
17k views

what is the difference between an EP patent (or publication) and a patent published in Europe?

I'm trying to understand the difference between a patent published in europe (or a publication with any country code) and an EP publication (published in EPO). What is the difference between ...
3
votes
1answer
134 views

Get the same patent in multiple countries

Say I am an inventor and want to maximize the protection of my invention, so I want to patent the same thing (invention) in as many countries as possible (or at least in the biggest markets like US, ...
3
votes
1answer
350 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 ...
3
votes
2answers
54 views

In what economic systems, other than capitalism, do patents exist?

Patents exist in capitalist systems. Do other economic systems have patents and, if so, what is their purpose in those systems?
3
votes
1answer
2k views

Determining if patent is international?

I am currently looking into patent US20110202766. I am new to patent law and I would like to know if the given patent is US-only, or international. How can I find out about where does a given patent ...
3
votes
3answers
178 views

Is there a fast route to worldwide patent acquisition?

A product is expected to be deployed to 12 countries on 3 continents, with more to follow on successful launch. Would it be better to aim for worldwide patent registration (as a matter of safety) or ...
3
votes
2answers
144 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?
3
votes
2answers
59 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, ...
3
votes
1answer
54 views

IP blocking or user info blocking

A web app infringes a patent which is granted in some countries. Users from these countries should not use the app, however the rest of the world has no limitation. When users are registered in the ...
3
votes
2answers
598 views

Selling products in the United Kingdom despite a US Patent but no EU Patent

Is it possible for me to manufacture and sell items which have US Patents but no EU Patents? I realize I cannot trade to the USA and only intend to sell within the UK. My main question relates to the ...
3
votes
1answer
25 views

This patent is very similar to a Tunisian patent TN2010/0509 deposed the 04/11/2010 in Tunisia

In reference to the patent: WO 2013/160573 A1 Why has the examiner has not indicated the Tunisian patent TN2010/0509 as a reference like the others?
3
votes
2answers
118 views

File Patent Internationally on Behalf of Others

I have been thinking about patenting a product that I have been developing together with a friend, and was wondering if you guys could help me out with some question: Am I able to patent something on ...
3
votes
4answers
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?
2
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3answers
121 views

International Patent and it's legal power?

If one would obtain a patent in the U.S, does it become international? No one else can use/build it without the inventor's permission? Globally In other words, when an inventor obtains a patent in a ...
2
votes
3answers
511 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 ...
2
votes
2answers
2k views

Can i patent a product in usa that was already invented in china?

I was developing my idea because I saw a need in people and could patent it and then sell it. I look at the US patents and it does not exist, but when looking for the product in other countries I ...
2
votes
3answers
403 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.
2
votes
1answer
52 views

Multi-story 3d printing

I'm looking to create a software that assembles multiple small objects into multiple layers. The reason for this is that the objects are relatively small (a few cm diameter), and the printing platform ...
2
votes
2answers
123 views

Patenting Products in Other Countries

I'm a start-up and I want to patent my products or apps and post it on the google play and app store. I already asked my friend who took law. She said that my app should and can be patented. I don't ...
2
votes
1answer
95 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
1answer
313 views

Should I file a national or an international patent application?

I am a student and I only intend to apply for a certification for my business idea and then, I'll sell it. This business idea has potential to have branches in different countries and I have ...