Legal Question in Intellectual Property in New York

Re: Patent Infringment

Your general comment brings to mind the fact that the workings of the U.S. patent system is the subject of Congressional discussion, under the rubric of "patent reform." For further info, put that topic into Google and read what gets pointed to.

To answer your specific questions:

Yes, a U.S. patent is intended to prevent anyone without authorization from the patent owner from making, using, selling or importing into the U.S. a product recited in any of the patent's claims, or a tangible product made anywhere in the world by a method recited in any of the patent's claims.

No, there isn't anything right now that constitutes a global international patent. But diplomats have been discussing the possibility for years, and have entered into various treaties leading in that direction. One is the TRIPS section of the GATT treaty.

A step towards a worldwide patent system is the idea, included in the U.S. patent reform discussions, of "harmonizing" U.S. patent laws with those of the rest of the world. One aspect is to remove from U.S. practice the concept of awarding a patent to the "first one to invent" a particular subject in favor of the concept of awarding it to the "first to file a patent application."

Another is the Patent Cooperation Treaty (the "PCT"). This provides not for an international PATENT, but rather for an international PATENT APPLICATION which is good in up to 127 countries, members of an international body called the World International Property Organization ("WIPO").

There are also certain REGIONAL patent offices that grant a patent that can be enforced in countries of that region. The most active is the European Patent Office, but there are also similar ones in the former Soviet Republics and Africa.

Re: Patent Infringment

Gerry Elman covers it real well but fails to address your last line. Though a patent for weightlessness exists now I think apple pie making is prior art.

Great post.