Patent Infringement In Another Country In Collin
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FAQ
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in ance with the law of that country or region. How are patent rights enforced?
If an earlier applicant obtains a patent first in their own country, can others subsequently patent the same invention in a different country? The simple answer “should” be no.
Patents are territorial in nature, and there is no one single system that allows applicants to procure a granted worldwide patent. Whilst some regional systems are available, in most instances someone who wants to file a patent internationally must file a separate application in every country of interest.
Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.
A U.S. patent holder can block importation and sale of an infringing machine, manufacture or composition of matter in the U.S. and can sue for damages. Suit can be brought against foreign companies in U.S. federal court, so long as the patent holder can serve the infringer.
You cannot get a patent on an existing product because it is not new or novel. Under U.S. Patent Laws, only novel inventions can receive a patent.
If you're thinking of protecting your invention in multiple countries, you have two general options: (1) file your first application directly in each country of interest, or (2) file a Patent Cooperation Treaty (PCT) application, and “nationalize” the PCT application in each country of interest at a later date.
Novelty: One of the essential requirements for filing a patent in another country is that the invention must be novel, meaning it must be new and not previously disclosed. This requirement is necessary to prevent someone from filing a patent for something that already exists.
Submit the application to the World Intellectual Property Organization (WIPO) or a national patent office. Your invention is then provisionally protected in all contracting states of the Patent Cooperation Treaty (PCT). The WIPO carries out a search on the state of the art (also known as the prior art).