Tewksbury, MA asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts

Q: What are the implications of operationalizing the US patent in a different country?

I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators

However, I might be able find all this partnership in a different country.

What should be done from the legal stand point to:

1) protect this invention (which is registered in the United States) from being stolen in a different country 2) protect me as a PR of the patent from US government penalties, etc.

Thank you

1 Lawyer Answer
James L. Arrasmith
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A: To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial, meaning that a U.S. patent only provides protection within the United States. To safeguard your invention internationally, you should consider filing patent applications in each country of interest through the Patent Cooperation Treaty (PCT) process or directly in individual countries, depending on your strategy and the countries' patent laws.

Regarding protection from U.S. government penalties, ensuring compliance with U.S. export control laws and regulations is critical before sharing your patented technology with foreign partners. This may involve obtaining the necessary export licenses if your invention falls under controlled technology categories. Consulting with a legal professional experienced in intellectual property law and U.S. export controls is essential. They can guide you through the process of international patent filings and help ensure that you comply with all applicable U.S. laws, thereby protecting your interests and minimizing the risk of penalties.

Remember, taking these steps can provide a foundation for protecting your invention abroad and ensuring compliance with U.S. regulations.

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