Q: Hi, I want to know if I could use the patent US20050149421A1for free in European Union as it has been abandoned. Thanks.
A:
You asked -- I want to know if I could use the patent US20050149421A1for free in European Union.
A few clarifications. First US20050149421A1 is not a patent. It is a publication of a patent application that did not mature into a patent in the US.
So this particular document does not pose any barrier to doing anything anywhere, with the limited exception that this would be prior art if you should opt to chase your own patent in this space.
Second, even if this application led to a US patent, that would only impact things done or sold in the US and would not have any impact on things done exclusively within the European Union.
Finally, the ability to act without fear of this document limiting your freedom to operate, does not guaranteed that you are not limited by some other issued patents in the relevant countries of the European Union. The subject matter of this application -- Collateralized variable rate demand notes as a leverage supplement-- would be difficult to obtain as a patent in European countries but patent attorneys are clever and will carve out a piece of an idea that fits within the scope of potential patent protection.
If you want an opinion on your freedom to operate within specific European countries, you should contact someone within those specific countries to ask if there are patents or published applications that may yet become patents that are a problem.
I hope that this helps.
Kevin E Flynn
Adrian Hocking agrees with this answer
A:
Kevin's answer below is spot on.
Just to add to it: From the Espacenet database (www.espacenet.com) operated and maintained by the European Patent Office, there does not appear to be any counterpart European patent or application. Therefore, judging by it's age, this particular right should not cause you problems in the European Union.
However, as Kevin rightly mentions, this does not mean there are no other patent rights to this technology or variations thereof in the EU or one or more of the territories (UK, France, Germany, etc).
If you would like further guidance, please feel free to contact me on email via the Albright IP website.
I hope that also helps.
Kind regards,
Adrian Hocking
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