Rochester, NY asked in Business Law, International Law and Patents (Intellectual Property) for New York

Q: Pay duties during the process phase of prototype development? These are not for sale as we are still in dev.

We mail material to Japan, they apply a process and mail it back to us to continue the development. The material has no commercial value either way as multiple processes are required after we receive it back from Japan. We are developing an OEM part for analytical instrumentation.

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC
  • Licensed in New York

A: I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.

There are lots of items that are deemed to have value before the end product. Denim has value even though it is several processing steps shy of being a finished pair of jeans. Even the cotton at the start of the process had some degree of value. Now a small swath of fabric provided as a sample might be deemed to have no value. I don't know where they draw the lines.

I hope this helps.

Kevin E Flynn

Richard Sternberg
Richard Sternberg
  • International Law Lawyer
  • Potomac, MD

A: The lawyers here answer general questions for free as a way of providing easy access to justice. Providing specific advice and researching the applicability of duties to a specific case without compensation is beyond the scope of my volunteer work here. But, good luck. I strongly suggest that you have counsel on a team developing new technology, and, really, you need one IP guy plus an International lawyer if your product has international connections.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.