Supply Chain Council of European Union | Scceu.org
Freight

When Is A Sale Considered ‘Within The US’ Under Patent Act?

by scceu0309

By Georg Reitboeck (April 25, 2022, 6:26 PM EDT) — Under Section 271(a) of the U.S. Patent Act, the sale of a patented invention is only patent infringement if it occurs “within the United States.”[1]

The seemingly basic question of when a sale is considered “within the United States” has led to much confusion and little predictability. The importance of the issue is pronounced for foreign supply companies selling directly to a U.S. buyer, or selling into a U.S. company’s international supply chain.

The Vague Standards Under the Current Case Law

The starting point of the analysis is the presumption against extraterritoriality applying to U.S. patent law

the general rule under…

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