Q: Iam from India. Can I use a tech patented in US?

Can I use Klaus S Lackner's CO2 removal tech for college research purpose and further commercialization?

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: A United States patent gives the owner the right to prohibit use of the patented technology within the US. That includes making, using, selling, or offering to sell. So a US patent prohibits someone from making something in Canada and selling it in the US or making it in the US and selling it in Canada.

If you are going to make use of this technology in India, then a US patent is irrelevant unless you plan to export to the US. There may be a parallel patent in India as there are processes to seek patent protection in lots of countries. Not every US patent has an analogous patent in India so you will need to have someone check to see if there is a similar patent there.

You can check https://patentscope.wipo.int/search/en/search.jsf to see if there is a listed Indian patent in the same patent family as the US patent you have found but you may want to do additional searching in India based upon the inventor names, assignee name, and the patent title.

I hope that this helps.

Kevin E Flynn

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.