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Topic: Purchasing a Patent from another Country (Read 1406 times) |
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trader06
Newbie
Posts: 8
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Purchasing a Patent from another Country
« on: Dec 16th, 2007, 9:02am » |
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Hi, I've been trying to factor the costs of buying the makeup of a product from another Country. I know that this "product" is no longer on the shelves due to some problems. Do I really need to purchase this patent from their Country, since I would have to pay to file or check to see if this would infringe on any patents here in the U.S . It seems like I could eliminate some steps in this process, which could save some money. Any ideas?
Thanks in advance, Trader
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Trader06
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DJoshEsq
Full Member
Posts: 104
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Re: Purchasing a Patent from another Country
« Reply #1 on: Dec 17th, 2007, 12:33am » |
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I think you may need to discuss these issues with a patent attorney as you seem to confuse a number of issues. First, only an inventor can file for a patent. Second, you may need to conduct an infringement search, especially if you are investing significant money. Third, purchasing the patent filed in the other country, depending on the country, will only allow you to prevent others from making, using, selling or importing the product in that country.
However, I think the best advice I can give you is to speak with an attorney.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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trader06
Newbie
Posts: 8
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Re: Purchasing a Patent from another Country
« Reply #2 on: Dec 17th, 2007, 10:46am » |
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On another possibility, if they have filed an international patent, than purchasing it would protect me against others?
Although the product is produced in another country, if they sold me the ingredients than I would be consider the inventor in the US if no one else has this idea?
Is it possible to conduct a thorough infringement search without the ingredients of how the product if made.
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Trader06
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DJoshEsq
Full Member
Posts: 104
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Re: Purchasing a Patent from another Country
« Reply #3 on: Dec 17th, 2007, 10:49am » |
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Purchasing the ingredients is NOT required to conduct an infringement search. As I mentioned, please contact me if you would like a free consultation.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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TataBoxInhibitor
Full Member
Posts: 456
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Re: Purchasing a Patent from another Country
« Reply #4 on: Dec 17th, 2007, 12:33pm » |
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on Dec 17th, 2007, 12:33am, DJoshEsq wrote:| First, only an inventor can file for a patent |
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This is an incorrect statement and the not best advice. Look around 400 in the MPEP.
Regards,
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