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I have an Invention ... Now What?
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   Buying a patent from another Country?
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   Author  Topic: Buying a patent from another Country?  (Read 3476 times)
Trader
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Re: Buying a patent from another Country?
« Reply #5 on: Dec 17th, 2007, 10:32am »
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Is it possible to do a patent search first without the purchase of the ingredients? I assume that the patent search wouldn't be as thorough without the ingredients.
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CriterionD
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Re: Buying a patent from another Country?
« Reply #6 on: Dec 17th, 2007, 3:37pm »
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on Dec 17th, 2007, 10:32am, Trader wrote:
Is it possible to do a patent search first without the purchase of the ingredients? I assume that the patent search wouldn't be as thorough without the ingredients.

 
Yes, a patent search is certainly recommended if you are interested in taking it to market in the US.  If it is patented overseas it may very well be patented here (in the US) as well (though not necessarily).  It could also simply be possible that someone has filed a WIPO app for it, which would indicate an intent to file in foreign countries (outside of the inventor/assignee's home country).  
 
 No patent search is ever fully "complete," but a good one should be able to locate the patent if it exists (if you know the name of the company that has been marketing this product overseas, thats a good place to start your search).  
 
Why would you need to purchase the ingredients before conducting a patent search?  To conduct a patent search you just need to know what you are searching for.  If you have the time, you can even do some searching yourself.
 
Also note - if its patented overseas as you assume - that does mean you will more than likely not be able to patent it in the US, regardless of whether or not it is patented within the US.  
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trader06
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    boogy9
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Re: Buying a patent from another Country?
« Reply #7 on: Dec 18th, 2007, 11:19am »
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Thanks for the well- informed information. I will take a look at everything and reorganize my steps.  
 
" Also note - if its patented overseas as you assume - that does mean you will more than likely not be able to patent it in the US, regardless of whether or not it is patented within the US.   "
 
Please explain?
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Trader06
CriterionD
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Re: Buying a patent from another Country?
« Reply #8 on: Dec 18th, 2007, 4:09pm »
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on Dec 18th, 2007, 11:19am, trader06 wrote:

 
" Also note - if its patented overseas as you assume - that does mean you will more than likely not be able to patent it in the US, regardless of whether or not it is patented within the US. "
 
Please explain?

 
If its described in a printed publication overseas (a foreign patent is a prototypical example of one), technically thats enough to make it unpatentable.  In fact, just the fact that the product used to be on the market overseas could render it non-patentable if you're not the inventor.
 
I'm reluctant to say it wouldn't be patentable, just because I know there are at least some complexities involved.  And there's always a chance a patent examiner would not find any publications rendering the invention unpatentable - and/or someone looking to have your patent invalidated would be unable to find any such information as well.
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trader06
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    boogy9
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Re: Buying a patent from another Country?
« Reply #9 on: Dec 19th, 2007, 3:34pm »
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on Dec 18th, 2007, 4:09pm, CriterionD wrote:

 
If its described in a printed publication overseas (a foreign patent is a prototypical example of one), technically thats enough to make it unpatentable.  In fact, just the fact that the product used to be on the market overseas could render it non-patentable if you're not the inventor.

 
I think I'm following you here CriterionD. But if the patent examiner finds printed publication overseas what law says I can't patent it unless it infringes on another U.S patent? ( Assuming the company sells me the ingredients and do not own a Foreign Patent)  How will the U.S be affected by the other country?
 
 
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Trader06
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