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
PREMIUM
Answered
  • 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
Answered
  • 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.

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