• February 2019
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Is a patent registered in the USA valid all over the world?

Patents issued by the United States Patent and Trademark Office (USPTO) are only effective in the US. Because you state that have “no ties” to the US then you are likely in the clear, but a patent attorney given the chance to ask you some follow up questions would be the person to give you a definitive answer.

The only law that could potentially open you up to an infringement case is 35 USC § 271. Rather than explain it myself, here is a succinct and sensible summary of the law in a law review article:

“Making, selling, or using a U.S.-patented product or process in a foreign country does not infringe the United States patent. United States law cannot govern in other countries, and the patentee’s remedy is therefore dependent on the laws of the relevant foreign country. But when the patented product (or the product of the patented process) is brought into the United States, U.S. law has the authority to provide a remedy.” Peterson, U.S. Infringement Liability for Foreign Sellers of Infringing Products, available at http://scholarship.law.duke.edu/…

Thus, you have to take a hard look at your product and determine if it is ending up in the US. This “stream of commerce” analysis can be facilitated by speaking with an experienced patent attorney.

We help non-U.S. citizens with their various intellectual property needs at LawTrades. Our legal platform is dedicated to connecting small businesses and inventors with knowledgeable and affordable patent attorneys. Also feel free to message me with any other IP questions you might have!

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