QUESTION
Am I allowed to use in Europe the content of an US patent not filed internationally yet?
Asked on Jul 11th, 2015 on Patents - New York
More details to this question:
I am running a company in Europe. I signed three years ago a contract with a US company allowing me to use the content and the know-how of a US patent owned by this company. This patent is giving my company more productivity. I just figured out that the patent is not filed and protected in Europe. Am I allowed to continue to use the content and know-how of the US patent without paying the fees to the US company owning the patent? What kind of lawsuit can the US company engage against my company in Europe if I am acting that way?
1 ANSWER
A patent does not give you the right to make, use or sell anything. It only allows you to prevent others from making, using or selling what is covered by the patent. Therefore, unless there is a patent in Europe that would prevent you from making, using or selling the product in Europe, you would not have to pay royalties to the company that owns the US patent so long as the product is not made or sold from the US to Europe.
Answered on Jul 11th, 2015 at 7:56 PM