Basically, I have found a product in the USA which is patented in the USA. However I would like to sell the exact same thing here in the UK. I am able to get the materials here to make the exact same product at a fraction of the price. Is this legal? Does the US patent apply to me?
2007-02-14 01:20:39 · 6 answers · asked by markusdaviduk 1 in Politics & Government ➔ Law & Ethics
The product is manufactured here in the UK as it is in the USA and probably all over the world as its easy to get a hold of. However it is not manufactured for the purpose in which it is used under the US patent.
Basically a company makes a product and someone has come up with a different way of using the product and somehow patented the way it is used. it is an everyday object.
2007-02-14 01:41:29 · update #1
maybe, maybe not. Not really that simple.
US patents can cover use, manufacturing process, or product and they apply only to USA. BUT...
if you're buying any raw materials from the US, then they may apply. If that's the case, you may cause the suppliers to inadvertantly breach agreements they may have with the patent holder or violate the patent directly. And they won't like that very much!
And many companies who patent in the US will also patent everywhere else they think the product will be marketable, used, or manufactured.
If that isn't the case, there is also this. In the US, you have 1 year from the date of disclosure of your product to patent it. Disclosure is usually considered to be sale to the general public. Sampling with non-disclosure agreements is not considered disclosure.
That year window varies by country. I am not sure what the UK rules are but it could be that the patent owner is in the process of patenting it in the UK. You could end up in a patent dispute. $$$$
Other than all of that, my suggestion is to 1) think about ways to improve the product. If you can improve it whilst adding to the pool of knowledge you can certainly patent that improved device everywhere including the states. and 2) talk with a patent attorney.
2007-02-14 01:34:17 · answer #1 · answered by Dr W 7 · 2⤊ 0⤋
I think it depends on the type of patent if it is registered in different countries it would almost certainly be registered here then it would apply to you try the patent office web site they are bound to have one
2007-02-14 01:26:33 · answer #2 · answered by barn owl 5 · 1⤊ 0⤋
It depends on what the patent covers.How you use it doesnt really change things ,you can use a knife as a screwdriver or Coca Cola to clean copper coins but you would be infringing patent law to do so.
2007-02-14 01:56:46 · answer #3 · answered by frankturk50 6 · 0⤊ 0⤋
You're right, the foods they sell today are loaded with allot of crap that makes America obese and sick, they're loaded with, in some cases, more than 2 1/2 times the maximum allowable dosage of sodium per day, excessive sugars, sweeteners, and fats as well. We need to educate people to read the ingredients labels and make them aware of what the allowable dosages are, so they don't buy allot of food that could put them in the grave earlier.
2016-05-23 22:01:02 · answer #4 · answered by ? 3 · 0⤊ 0⤋
I believe the patent counts worldwide but stands for less time than it would in the country of origin,
2007-02-14 01:25:39 · answer #5 · answered by Anonymous · 0⤊ 1⤋
doent you know how it works.....every time you sell the product you owe five bucks to the guy who invented it.
2007-02-14 01:25:37 · answer #6 · answered by Anonymous · 0⤊ 1⤋