Legal Question in Intellectual Property in New York

Patent Infringment

A U.S. Patent does not affect the production of a product in another country , but can it affect the sale of a product to America? Is there such a thing as an International patent and if there is does it apply countries that are not members of the United Nations ? I like the concept of patents, how they protect people from having their inventions purposely copied, but I feel that they can be unfair, as noone should have the right to claim and hog the use of a certain peice of knowledge in production because any concept is universal and free to be thought of by any one who can, regardless of when they were born or where they reside. There are simple mixtures of metals that can not be included within a product without licenceing by patent holders in America. I think I might apply for a patent for apple pie cooked at 375 degrees for 45 minutes before someone else does.


Asked on 11/17/05, 10:49 pm

2 Answers from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: Patent Infringment

Your general comment brings to mind the fact that the workings of the U.S. patent system is the subject of Congressional discussion, under the rubric of "patent reform." For further info, put that topic into Google and read what gets pointed to.

To answer your specific questions:

Yes, a U.S. patent is intended to prevent anyone without authorization from the patent owner from making, using, selling or importing into the U.S. a product recited in any of the patent's claims, or a tangible product made anywhere in the world by a method recited in any of the patent's claims.

No, there isn't anything right now that constitutes a global international patent. But diplomats have been discussing the possibility for years, and have entered into various treaties leading in that direction. One is the TRIPS section of the GATT treaty.

A step towards a worldwide patent system is the idea, included in the U.S. patent reform discussions, of "harmonizing" U.S. patent laws with those of the rest of the world. One aspect is to remove from U.S. practice the concept of awarding a patent to the "first one to invent" a particular subject in favor of the concept of awarding it to the "first to file a patent application."

Another is the Patent Cooperation Treaty (the "PCT"). This provides not for an international PATENT, but rather for an international PATENT APPLICATION which is good in up to 127 countries, members of an international body called the World International Property Organization ("WIPO").

There are also certain REGIONAL patent offices that grant a patent that can be enforced in countries of that region. The most active is the European Patent Office, but there are also similar ones in the former Soviet Republics and Africa.

Read more
Answered on 11/18/05, 7:14 am
Bunji Fromartz Fromartz Law Offices

Re: Patent Infringment

Gerry Elman covers it real well but fails to address your last line. Though a patent for weightlessness exists now I think apple pie making is prior art.

Great post.

Read more
Answered on 11/18/05, 11:45 am


Related Questions & Answers

More Intellectual Property questions and answers in New York