Plaintiffs conduct entitles it to damages and all other remedies at law.
Plaintiffs conduct entitles it to damages and all other remedies at law.
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.
Geographic scope of the European patent protection European patents provide protection not only in the 39 member states of the European Patent Organisation but also in one extension state and five validation states. This represents an area with some 700 million inhabitants.
The jurisdiction of European courts in patent disputes and any of its parts may be modified or translated on condition that the EPO and the author are credited as the providers of the original, and that it is clearly stated that changes have been made to the original material, that the modified or translated version ...
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.
Polaroid took Kodak to court in 1976, accusing it of infringing on 12 patents relating to instant photography. The pioneering instant camera and film company, now defunct, sought $12 billion in damages, a staggering sum even by today's standards.
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.
Patents are country-specific and are rights limited to the borders of the issuing country.
The enforcement of a patent filed in and granted by the United States government is only valid within its borders. This is why, with a US patent, you can stop anyone from using or selling your invention within the United States. However, you cannot exert these rights outside the country.
Patents are territorial rights. In general, an application for a patent must be filed, and the patent granted and enforced, in each country in which you seek patent protection for your invention, in ance with the law of that country.