The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Aug 26th, 2019, 7:35am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Enforceability of US Patent in EU
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Enforceability of US Patent in EU  (Read 1044 times)
Happy_Harry
Newbie
*




   


Posts: 1
Enforceability of US Patent in EU
« on: Feb 3rd, 2007, 8:13am »
Quote Quote Modify Modify

I have a US Patent on software. Before I could get to patent in the EU I find it has been copied /infringed  by a competitor. This is causing me serious problems.
 
Can anyone out there think of any way I could enforce my US Patent or take infringement proceedings to stop this blatent rip off
IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: Enforceability of US Patent in EU
« Reply #1 on: Feb 3rd, 2007, 11:32am »
Quote Quote Modify Modify

If the item is not being imported, sold, or used in the United States, then there is no infringement under US patent law.  So there would be no "rip off" in the US.
 
You’re saying that a competitor in Europe has copied your software.  You can take that as a complement, or you can be aggravated ... that's your choice.  But if you don't have exclusionary rights in Europe, I don't see where there is any "rip off" in Europe.  You put something into the public domain, and your competitor choose to use it.  If they are polite, they might send you a thank you card.
IP Logged

Richard Tanzer
Patent Agent
Crispin Entwhistle
Guest
Re: Enforceability of US Patent in EU
« Reply #2 on: Feb 4th, 2007, 8:00am »
Quote Quote Modify Modify Remove Remove

Hi,
 
I have a similar position to Harry having a patent on some web based software in the US but was refused it in Europe and then lost the appeal there.
 
The software is used by a competitor - and it is VERY similar - on the internet but they do not accept US customers. The software is for facilitating financial transactions.  
 
Americans can see the software and open 'test' accounts to understand how the trading works but can not actually trade on the site. The competitor only takes foreign customers and operates from Europe and Asia.
 
Is it worth my going after them with a law suit in the US? Surely the internet is global and therefore this is a US infringement?
 
Thank you for your help!
 
Crispin
IP Logged
kennethc
Newbie
*




   


Posts: 24
Re: Enforceability of US Patent in EU
« Reply #3 on: Feb 4th, 2007, 10:29am »
Quote Quote Modify Modify

You can only nail them if they setup an office (i.e. branch) in US.
 
consult your attorney.
IP Logged
Crispin Entwhistle
Guest
Re: Enforceability of US Patent in EU
« Reply #4 on: Feb 4th, 2007, 10:42am »
Quote Quote Modify Modify Remove Remove

Why does that make a difference?
 
I will contact a lwayer but I would like to understand the background first. I would be very grateful if you could explain.
 
Thanks,
 
Crispin
IP Logged
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board