Plaintiffs conduct entitles it to damages and all other remedies at law.
Plaintiffs conduct entitles it to damages and all other remedies at law.
Patents are country-specific and are rights limited to the borders of the issuing country.
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.
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.
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.
Is a patent valid in every country? 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.
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.
By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 143 countries. Learn more about filing an international patent application under the PCT.