Validity of a US Patent in Europe?

Owen

This is probably the most vague question asked on boards, but is a Patent from the U.S. Patent Office valid in Europe? Basically, I've seen a process for using an existing material to construct Musical Instruments I'd like to research. The process is the same as it has been for generations, but the Materials used are unique. I'm convinced it's a superb business opportunity waiting to be exploited, but if this is a stumbling block, I'd prefer to know now then invest time and then find out.

Overheal

I would assume there would be a LOT of international trade laws that prevent the very thing you are trying to do; get a hold of the US Patents office though

dermot_sheehan

ned78 wrote:

This is probably the most vague question asked on boards, but is a Patent from the U.S. Patent Office valid in Europe? Basically, I've seen a process for using an existing material to construct Musical Instruments I'd like to research. The process is the same as it has been for generations, but the Materials used are unique. I'm convinced it's a superb business opportunity waiting to be exploited, but if this is a stumbling block, I'd prefer to know now then invest time and then find out.

U.S. Patent holder has 12 months to apply for a european or irish patent. After that they lose the priority date from the filing of their u.s. patent, since the material is in the public domain after this date in this case its no longer patentable in europe.

Pines

ned78 wrote:

is a Patent from the U.S. Patent Office valid in Europe?

No, the patent is strictly territorial and the inventor/patent holder would need to have filed in Europe to obtain rights here.

gabhain7 wrote:

U.S. Patent holder has 12 months to apply for a european or irish patent. After that they lose the priority date from the filing of their u.s. patent, ...

True, 12 months starting from the earliest filing date, which may have been in the US.

gabhain7 wrote:

... since the material is in the public domain after this date in this case its no longer patentable in europe.

Well ... 12 months after the first filing it almost certainly won't be in the public domain. The USPTO rarely if ever grants patents that quickly, and won't publish until the patent is granted or 18 months have elapsed. It's true however that once the material is in the public domain it is no longer patentable in Europe.

Since the OP has seen the US Patent or Patent Application, it can't be validly patented in Europe with a new application, but a European application may already have been validly filed and could still be pending or could be granted.

A professional search can be done to definitively establish if there is a "patent family" with European equivalents. Alternatively the name of the inventor or patentee can be entered in this database to try to find the same thing.

Just to clarify one other point on the whole area of "importing an idea from abroad" (and I know this wasn't asked, but it often is) - you can't repatent someone else's idea in Europe if the original inventor neglected to do so. For the reason given by Gabhain above, the invention lacks novelty by the time you know about it.

ambro25

Grab the US patent or application number and bang it in the espacenet search engine, the bio details should let you know where foreign filings exist. Note that the site/database may be incorrect, and for a proposed infringing act, you really should seek professional advice, preferably from a specialist (a patent attorney, not a sollicitor).