Chapter

Protecting an Invention outside the Protecting Country

Marketa Trimble

in Global Patents

Published in print April 2012 | ISBN: 9780199840687
Published online May 2012 | e-ISBN: 9780199933013 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199840687.003.0010
Protecting an Invention outside the Protecting Country

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This chapter analyzes the doctrines used to prevent the exploitation of inventions outside protecting countries. It examines the doctrines from a comparative perspective by drawing from legislation and jurisprudence in the United States and Germany. The chapter covers the first mid-nineteenth-century cases that involved inventions embedded in foreign ships that entered ports of protecting countries. It then discusses the cases in which the transit of goods through territories of protecting countries provided an opportunity for inventors to block the utilization of their inventions in other countries; the chapter also reviews border measures developed to block the importation of infringing products. The next two sections of the chapter analyze offers to sell and the issue of preventing patent infringements through the supply of components of a patented invention for assembly abroad. Acts of indirect infringement performed abroad may be also infringing, as discussed later in the chapter. The standard used to localize an infringing act, if defined flexibly enough, may also place an act committed abroad within the scope of the patent law of a protecting country. Such possibilities are discussed towards the end of the chapter, which also addresses infringements committed on the Internet. The chapter finally summarizes the various doctrines and explores the limitations of their territorial reach.

Keywords: patent protection; patent law; protecting countries; patent infringements; doctrines; United States; Germany

Chapter.  22576 words. 

Subjects: Intellectual Property Law

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