Legal Question in Business Law in Massachusetts
International patent
I am thinking of importing a product made of materials patented by a Japanese in Japan, the US and a few other countries. The product is manufactured in China by a joint venture between a Japanese company and a Chinese one. The factory head claimed that they had the right to export to other countries other than Japan, because they purchased the materials from the Japanese company. The product has the patent numbers printed on it.
Would I be infringing any patent laws if I import the product into the US? What kinds of documents/proof do I need from the factory to avoid infringement? Should I get in touch with the patent owner? Would appreciate any advice.
3 Answers from Attorneys
Re: International patent
From what you have posted, you should contact a Patent Attorney, who can evaluate what you want to do and compare that against the US patent. US Patents are only effective in the US, but include imports. Japanese patents are not effective in the US. Most Patent Attorneys would advise against contacting the Patent Owner. If what you are doing is perfectly legal, you may get sued by the Patent Owner, who may believe that you owe him something, or else why would you have contacted him??? You can find a list of Patent Attorneys on the US PTO website. www.uspto.gov. I am one of the few located in the SE part of Massachusetts. You should make sure you are getting advice from a Patent Attorney -- this is a very specialized area of the law.
Re: International patent
If you purchase the product in China, you should not infringe China Patent Laws. Would you like to provide more details to evaluate the risks?
Pls feel free to contact me.
Re: International patent
Contacting the patent owner sounds like a great idea. For all you know, the factory may have territorial restrictions on sales of the components, and if exports into the US are prohibited, you can have a nasty battle with the patent owner.
Best wishes,
LDWG
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