Supply Chain Council of European Union | Scceu.org
Freight

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

by scceu0291

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…

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related posts

Freight forwarding market recovering strongly with 12% growth expected for 2021

scceu

Baltic Index Falls As Lower Vessel Rates Bite

scceu

Oil tanker flotilla steams toward U.S. as freight rates surge – Reuters – Occidental Petroleum Corporation (NYSE:OXY)

scceu