Can an overseas startup copy a US-patented startup?

質問

If a startup's technology is patented in the US, can a startup in India (or another country) copy the product or tech and then provide services to US customers?

回答: 2 公開 & 0 非公開

361a44d278
商標エージェント

The protection of IP is territorial, therefore if it has been filed and granted in a certain Country the IP title belongs to the Applicant(s) in that Country and may sue anyone in order to protect their rights there.
Where there is no IP title anyone may copy and commercialize it.

Steven weinrieb
弁理士

While you have not noted that the technology is or involves, for example, software or similar subject matter, it sounds like that is what is patented and covered by a US patent. That being said, note that a US patent prohibits others from making, USING, or selling the patented subject matter within the US. Therefore, if somehow there is "use" within the US, there may be infringement. Consult a patent professional experienced with such types of patents for further information and ramifications.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6114 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)