US patent applicable in the UK?

Discussion in 'Legal Issues' started by Xig, May 11, 2006.

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  1. #1
    I spent the last 8 months developing some software with a friend. We believe it's a pretty clever system, and we've almost got it up and running.

    I found out this morning that a large US company filed for a patent describing the exact same system, and it was granted in August 2005.

    Does this patent in the US apply to the UK? We only want to sell it in the UK, not internationally. We've poured our hearts and souls into this project, not to mention all the money we've spent.

    Are we dead?
     
    Xig, May 11, 2006 IP
  2. hcn

    hcn Active Member

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    #2
    i am not sure but i think you can apply in UK and get a patent. But i think that you may not use your invention in US.
    "Patents are exclusively national affairs. A US patent does not help you at all against someone who makes your invention in Canada, and a German patent cannot provide protection against French pirates" http://www.iusmentis.com/patents/faq/general/#worldpatent
     
    hcn, May 11, 2006 IP
  3. tech86

    tech86 Peon

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    #3
    Xig, there are a lot of patent pirates out there, who wait for a patent to be filed in another country and then do the same in thier own. So I recommend you go ahead and file a patent quickly before it happes in the UK too.

    Also, a smart company would have filed for a patent in the UK too, since they would want to target international users exclusively. I'd check on that also.
     
    tech86, May 11, 2006 IP
  4. digitaldude

    digitaldude Peon

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    #4
    There are various patent types. International and country specific. International is really expensive so juniors usually go the country route. Same applies with trademarks. Get one in Canada and it does not count past the borders.
     
    digitaldude, May 11, 2006 IP
  5. HenrikAI

    HenrikAI Peon

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    #5
    True, but even if such a patent is accepted in the UK, it wouldn't hold in court (since you could always point on the US patent which was granted before the UK patent was filed).

    Agreed, be sure that they have not filed a patent in the UK too. But otherwise you would not be in trouble as long as you don't market or sell your product in the US.
     
    HenrikAI, May 11, 2006 IP
  6. Xig

    Xig Peon

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    #6
    The company hasn't filed for a patent in the UK. It surprises me, they're quite large.

    I spoke to the Patent Office this morning and they said the average cost of filing a patent is around £200.

    But is it worth filing for a patent over here? If it has no bearing in court ... does that mean even though their patent was filed in the US we can't use the invention in the UK?

    8 months blood sweat and tears ... oh boy
     
    Xig, May 12, 2006 IP