US Patent: Impact on Using Similar Variants in the UK

In summary, the conversation discusses the legal implications of using a similar variant of a machine that has a patent in the USA in the UK. It is mentioned that a patent stops the sale of the machine in the country where it is registered and that there are options for registering patents in major markets or taking out a worldwide patent. It is also noted that the decision to patent in certain countries is a business decision based on potential market size.
  • #1
Mech King
73
0
If there is a patent that exists in the USA on a machine for example, is there any legal implication of using a similar variant of that machine in the UK?

If the patent only exists in the US, then what is stopping it being coppied and patented across europe? Surely this would prevent the patent in the USA from spreading across europe?

its a bit hypothetical, but i have been debating it with a colleague and we cannot agree. What are your thoughts?
 
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  • #2
A patent stops you selling a machine in the country where the patent is registered.
You generally either register the patent in your major markets (US/EU) or take out a world wide (WIPO) patent, there are also a bunch of patent treaties where patents form one country automatically count in another.

It's a business desicsion, you can waste years and lot sof money patenting your advanced jet fighter design in a dozen little african countries - or just decide that they aren't likely to be a major market.
 
  • #3
Thanks for the clarification
 

1. What is a US patent?

A US patent is a legal document issued by the United States Patent and Trademark Office (USPTO) that grants an inventor the exclusive right to make, use, and sell their invention in the United States for a limited period of time.

2. How does a US patent impact the use of similar variants in the UK?

A US patent does not automatically grant the inventor protection in the UK. The inventor must also apply for a patent in the UK in order to have legal protection there. However, if the inventor has a US patent and files for a UK patent within 12 months, they may be able to claim priority based on the US filing date.

3. Can a US patent be used to prevent others from using similar variants in the UK?

No, a US patent only grants protection in the United States. In order to prevent others from using similar variants in the UK, the inventor must also obtain a patent in the UK.

4. What happens if someone in the UK uses a similar variant of a US-patented invention?

If the inventor has a valid UK patent, they may be able to take legal action against the individual or company using the similar variant. However, if the inventor does not have a UK patent, they may not have any legal grounds to pursue the case in UK courts.

5. Is there a way to extend a US patent to protect an invention in the UK?

No, a US patent only grants protection in the United States. The inventor must also apply for a patent in the UK in order to have legal protection there.

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