Assuming there is a 'patent' issued in another country (but not in
US)?  Is there any law or other infringements preventing the companies
or individuals in US or oversees to use that 'patented' innovation in
US without getting permission from original innovator.

Hello ace24-ga,

At the outset, I should emphasize the disclaimer at the bottom of this
page, which states that answers on Google Answers are general
information, and not substitutes for professional legal advice.  My
answer is based on general research, not legal expertise; if you need
a professional opinion, you should consult a lawyer.

The United States, along with 140 countries, adheres to a treaty
called the Paris Convention for the Protection of Industrial Property.

"Treaties and Foreign Patents"
United States Patent and Trademark Office
http://www.uspto.gov/web/offices/pac/doc/general/treaties.htm

Under this treaty, patents obtained for the same invention in
different countries are independent of each other: "Patents applied
for in the various countries of the Union by nationals of countries of
the Union shall be independent of patents obtained for the same
invention in other countries, whether members of the Union or not."

"Paris Convention for the Protection of Industrial Property" [Article
4bis]
World Intellectual Property Organization
http://www.wipo.int/clea/docs/en/wo/wo020en.htm#P111_13526

So, it seems that someone might try to use an invention in the U.S.
that is patented only elsewhere.  However, in some circumstances, the
holder of the foreign patent could seek a patent for that invention in
the U.S.  The following page describes the one-year limitation on
seeking a patent in the U.S.

"Deadlines for Filing a U.S. Patent Application"
Lawnotes
http://www.lawnotes.com/patent/deadline/deadline.html

I hope that this information is helpful.

- justaskscott-ga


Search terms used on Google:

site:gov "foreign patents"
"paris convention"
"patents applied for in the various countries of the union"
"paris convention" "foreign patent"

---

Request for Answer Clarification by ace24-ga on 08 Apr 2003 21:22 PDT

Hi justaskscott-ga,

So it means if I can find a patent details published in another
country (and the 12 month period has expired), I can use that
information for commercialisation of that patent in US without
infringing any law...

Just looking for general comments, I understand it can not be too
specific as each circumstance is different...

---

Clarification of Answer by justaskscott-ga on 09 Apr 2003 07:00 PDT

That is my understanding from the research I did.  But of course, you
are right to look for general comments here, both because specific
circumstances might be different, and because only a lawyer can give
you expert and thorough advice on this issue.

It is not that easy.

The 12 month deadline is for FILING the US patent application, so at
best it will appear 18 months later as a pre-grant publication.  Also,
just because that person did not seek a US patent, does not mean there
is no one in the US who owns the rights to that invention.  Someone
may have already owned the patent rights in the US or filed a Patent
application with a request for non-publication, and then the patent
may not appear for 3 years.

You will need to go to a Patent Attorney and have him conduct a
"Freedom to Operate".  Only then (maybe -- depending how good the PA)
will you have assurance that no one owns the patent rights in the US.