How to find if a patent is internationally valid or just valid in the US ?

Question

I can see the patent in the USPTO site but I don't know if I need to license it if I just want to use it in UK. Many thanks,

Answer 1

Hi there

There is no such thing as an international patent - patents apply to individual countries or regions.

There is no reciprocal agreement between the UK and US in terms of patent infringement. Activities performed in relation to the UK will not infringe a US patent and vice versa.

I would advise getting in touch with a patent attorney, who will be able to advise you further, and who will be able to determine whether there is a UK patent corresponding to the US one which you are worried about. If you want to try to do it yourself, you could use the espacenet website (google it to find it) to determine whether a patent application was filed in the UK or Europe, and whether such a patent was granted in the UK.

Note that you can use a patented product or process in the UK without permission under certain circumstances, for instance for private and non-commercial purposes, but it would be best to discuss this with a patent attorney to make sure.

I hope that helps.

Answer 2

There is not any world-wide or universal patenting authority. For a patent to be valid in two different countries, it must be registered in both countries. There may be some reciprocity available between the U.S. and U.K., you'd have to inquire with the U.K.