Help me please. My invention that is granted a patent in my country is partially copied by a US company. But, due to a tight budget, I did not apply for a US patent. What should I do to protect my intellectual property?
2006-06-19 12:46:00 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If your budget is still tight, forget the whole matter. Patent litigation is expensive.
You may be able to challenge the validity of their US patent (if they have one) on the grounds that it was non-novel (since your invention was out there and known to the world) .... again, takes money ...
Depending upon the circumstances, you may have a non-patent claim, such as unfair competition ...
You need a lawyer ... should mention that for some cases, there are some lawyers here and there who will take your case on a contingency basis ... they'll get a piece of the action but it's better than losing the whole game
2006-06-19 13:17:47 · answer #1 · answered by LizTalks 3 · 1⤊ 0⤋
You may well be able to prevent the production or distribution of your intellectual property in the US, or foce the infringer to pay royalties. You will need a patent attorney in your country who will work with a US patent attorney.
If you get VERY lucky, the US company may be unaware of your foreign patent and agree to do the right thing. If they don't, you'll have to weight the cost of litigation and time required to litigate against any possible gain or damages that you may receive.
Many countries have treaties that protect intellectual property rights across international boundaries. A patent attorney in your country can advise you if this is the case.
2006-06-19 13:23:15 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
take that company to court in the country where you have a patent. as long as a patent is in place in any country you are protected from thieves. the U.S. court would probably also rule in your favor but I would use the country in which you are patented. get a patent lawer and when you win the thieves will have to pay your legal bills since they are in the wrong. U.S. patents cover any theft of patent, as would your country. Good Luck, you have a good case.
2006-06-19 13:07:33 · answer #3 · answered by native 6 · 0⤊ 0⤋
If there is no US patent then they have the rights to procude the product. If you have a patent in another country they can not produce/market it in that country and any country that recognizes your countries patents. You need to speak with a lawyer who can help you with determining if your patent applies in any other countries.
As long as they are NOT producing the product or marketing it in your country then you won't have a case. If they are producing or marketing it in your country then you need to sue them there.
Bottom line they have every legal right to make the product in the US and to even sell it outside the US in countries that do not recognize your countries patents.
2006-06-19 13:00:14 · answer #4 · answered by caffeyw 5 · 0⤊ 0⤋
There is nothing you can do...That company I am sure has a patent for it, and since they have that patent and you don't...you have no case!US Law would side with them, in their opinion...no infringment occurred!
2006-06-19 12:59:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋