filing a patent for UK if a US one exists

Discussion in 'Legal and HR' started by Cooper, Nov 2, 2010.

  1. Cooper

    Cooper
    uix_expand uix_collapse
    New Member

    Joined:
    Oct 28, 2010
    Messages:
    1
    Likes Received:
    0
    Can i file a patent in the uk if there is already a USA patent for the product?

    Thanks
     
  2. Fergal

    Fergal
    uix_expand uix_collapse
    Premium Member
    Premium Member

    Joined:
    Nov 18, 2007
    Messages:
    10,575
    Likes Received:
    1,165
    Do you own the USA patent for the product, or is it owned by someone else?
     
  3. Kay

    Kay
    uix_expand uix_collapse
    Member

    Joined:
    Sep 29, 2008
    Messages:
    1,816
    Likes Received:
    21
    I believe that you can file for international patent protection through the US Patent Office. It would be a good idea to check and see if that's been done before you start trying to do it yourself in the UK. (I'm assuming here you don't own the US patent.)
     
  4. 2thin2swim

    2thin2swim
    uix_expand uix_collapse
    New Member

    Joined:
    Nov 17, 2010
    Messages:
    1
    Likes Received:
    0
    Confusion

    I'm in the same situation here - I genuinely had an idea but found out that someone in the US has a "patent pending" on it. How can I find out if a pending patent is international or just the US State?

    Also, the IPUK office website states in their "Patents: Essential Reading" pamphlet that, "your invention must be novel, that is, it must never have been made public in any way, anywhere in the world, before the date on which you file your application for a patent"...

    But surely if this is true then protecting your idea/design within any state effectively prevents it from being patented anywhere else around the world (or at least the UK) because it's already been 'made public'. I realise that you wouldn't have any legal clout in preventing people from using your idea in other states, but they couldn't patent it.

    I'm confused and my business plan is looking grumpy. Help!
     
  5. Fergal

    Fergal
    uix_expand uix_collapse
    Premium Member
    Premium Member

    Joined:
    Nov 18, 2007
    Messages:
    10,575
    Likes Received:
    1,165
    2thin2swim it sounds like you should get some professional legal advice on the subject or at least make contact with the UK Patent Office. My understanding is that the holder of the patent in the US could be entitled to get patent protection for the innovation, in other countries. However, this option would not be available to others, because as you say the innovation is not "novel".

    Yes, that's my understanding, but you should really seek professional advice for your own specific circumstances. Many IP lawyers will give you a free consultation and this may well be enough to answer your questions.
     

Share This Page