MANUFACTURING IN FOREIGN COUNTRY

Posted by Michael Shimokaji | Jun 26, 2019 | 0 Comments

QUESTION: Product that I have patented in USA can I manufacture in other country that is not signatory of international patent treaty? I Have a patent and it is assigned to may company I work for now. I want to resign and open company in another country that my patent was not patented nor the country is a signatory of an international patent treaty. What is the legal situation doing that? If I am manufacturing the patented product in USA but the product is not patented in a country I want to manufacture that product, will I be liable of infringement and persecution by USA court?

ANSWER: Generally, the US patent only prevents infringement in the US. If you make the US patented product in a foreign country and do not export the product into the US, there is no US patent infringement. If the product is not patented in the foreign country in which you manufacture, you cannot be liable for patent infringement.

About the Author

Michael Shimokaji

Mr. Shimokaji specializes in the health care industry, including medical devices, medtech, and life sciences. Over the last 30 years, he has also supported clients in industries as diverse as aerospace, apparel, chemicals, computer software, and telecommunications. His expertise includes infringement litigation, patent and trademark portfolio development, and intellectual property transactions.

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