Legal Question in International Law in Louisiana
Patent jurisdiction
Approximately 10 years ago, a patent was filed for a design improvement on the ''single row'' German style melodeon which typically only plays in one key. The end result of this design provided the ability to play in two different keys on the same accordion by rearranging the stops on the top of the accordion. I have discovered a third generation Italian family who has been building melodeons for many years. They began producing a variation of this design approximately ten years before the patent was filed. Is there any reason that the Italian accordion could not be imported and sold in the U.S.?
2 Answers from Attorneys
Re: Patent jurisdiction
If the Italian product was in commerce in the time frame described in your post, then it would be prior art that could be grounds for invalidating the later patent. Doubtful that the patentee would bring an infringement action in those circumstances. However, before blithely proceeding with your project, you should consult a qualified patent lawyer for an opinion.
Best wishes,
LDWG
Re: Patent jurisdiction
If the Italian product anticipates, or would render obvious to one skilled in the art, all of the elements of the relevant claims of the patent AND was either known or used in the U.S. prior to the invention date, or sold or publicly used in the U.S. more than one year prior to filing, or published or patented in another country prior to the invention or one year prior to filing, the patent would be invalid. Note that prior foreign patent applications would move back these dates. Also, the burden to invalidate a patent is on the accused infringer and requires clear and convincing evidence. Before doing what you propose, you should have qualified patent counsel review the situation.
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