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[Jp]

If I have an American Patent and an Imported Product arrives in U.S. marketplace

what rights do I have ?

[Wiscagent]

Importation of a product that is claimed in a U.S. patent into the United States is generally an act of patent infringement.  You can file a law suit in federal court, seeking damages and an injuction to stop the importation, sale, and use of the product.  This is a complex matter and you should contact an attorney and discuss the details.

[Jp]

OK, It hasn't happened yet, but thank you !

[bald & chained]

This is likely not for you, but suing in the International Trade Commission (ITC) is another way of stopping an infringing import - http://www.usitc.gov/press_room/about_usitc.htm.   You will need to establish the proof of domestic industry with significant investments licensing, equipment, employment of labor or capital, etc. associated with your patent. Very expensive, very fast trials.

[Kaitlin]

The direct link at the ITC website for info on the sec. 337 cases is http://www.usitc.gov/intellectual_property/index.htm.  (Full text of the act is at http://www.law.cornell.edu/uscode/19/usc_sec_19_00001337----000-.html)  337 is designed to protect the domestic industry and US government is actually represented as a third party to the litigation, w/ ITC attorney representing public interest.  (Info on the domestic industry requirement is at http://www.aipla.org/Content/ContentGroups/Speaker_Papers/Spring_Meeting/200812/Reiziss-paper.pdf .)
Since the patent law now defines infringing acts to include importation, however, you can also ask US Customs to stop infringing goods at border after a ruling in your favor in a regular patent case on the importation in federal district court.

[Jp]

Being behind those Americans who have know choice but to protect their interest is fine with me, cause their protecting mine too, I'm sure they didn't mean to, but
it is some reassuring news, . . hoo-ray !! something good happened to me, even if it is a coincident !

I do appreciate your input gentlemen, therefore I owe you at the very least, my thanks !