Legal Question in Intellectual Property in California

Are U.S. patents applicable internationally?

I'm wondering if patent applications filed and approved with the USPTO are applicable internationally as well?

For example, I'm particularly interested in patent #5,794,207. Can someone please look up this patent details and tell me if the patent can be enforced in other countries as well, esp India? I'm willing to set up a counsel session if you like, because I have some other questions as well, regarding patents and intellectual property.

Thanks a lot!


Asked on 4/13/07, 3:55 am

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Are U.S. patents applicable internationally?

You can call me for counseling session. Please note that this consultation would not be free. US patents need to be registered in India as well.

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Answered on 4/13/07, 11:14 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Are U.S. patents applicable internationally?

I agree with the previous answer, and have a couple of comments to add. You can probably get some useful free advice by asking at the Consulate of India there in San Francisco; someone at the Consulate should be well informed on these matters and it is their job to promote harmonious trade relationships. However, the information could be incomplete or carry a pro-India bias. My second thought is that looking up a particular patent may not be the way to go; it would not be the substance of a particular patent that would determine its validity in India so much as India's laws in general, the extent to which India subscribes to various international treaties, and whether this patent has been registered there, it that's required.

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Answered on 4/13/07, 1:39 pm


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