foreign patents

[quitefrankie]

What is the name of your state? California

Hi,

I'm very new at this. I have licensed with a company in the US to distribute my product in the North American market. Their manufacturer is in China. The Chinese manufacturer is also a distributor in the European market. They would like to license with me for the European market. I have a patent application in for the US. I think the cost of a European patent would be prohibitive. SO, my question is, if they sell my invention in the European market, is it possible for someone else to file a patent on it after it hits the market?

Thank you for your help.

 

[divgradcurl]

What is the name of your state? California

Hi,

I'm very new at this. I have licensed with a company in the US to distribute my product in the North American market. Their manufacturer is in China. The Chinese manufacturer is also a distributor in the European market. They would like to license with me for the European market. I have a patent application in for the US. I think the cost of a European patent would be prohibitive. SO, my question is, if they sell my invention in the European market, is it possible for someone else to file a patent on it after it hits the market?

Thank you for your help.

File a patent? Probably not. Most of the European countries have similar "on sale" bars to filing for a patent as the U.S. -- in fact, most of the European countries have an absolute "on sale" bar, which precludes even the inventor himself from filing for a patent once a product is "on sale" in Europe.

However, without patent protection, anyone else could reverse-engineer or copy your product and sell it themselves -- without patent protection, your product will be in the public domain in Europe (or anywhere where you don't have patent protection).

 

[quitefrankie]

Thank you for the information

Thank you. I understand that anyone can copy the idea once its out there, but I wasn't sure if someone could actually try to get a patent on it and prevent me from selling it in Europe at some point. Since the European market was a "bonus" and I really don't know what the market is for my product there, I was willing to go without a patent instead of investing additional money into it. Does that make sense?

 

[listenup77]

Off Subject

Hey QuiteFrankie, off the subject, I was reading your posting and noticed that you also are in California (I'm in Burbank). Anyways, I'm in the beginning stages of my patent (filed a non-provisional) and noticed that you accomplished getting a manufacturer to license your product. Could you give me some advice, if not your own experiences, on obtaining what you did. Your steps, books read that helped, and how you approached and successfully sold your idea to a manufacturer to license it (putting aside that you need a good product)? Any info. would be highly appreciated, thanks.

 

[quitefrankie]

Hello Listenup

I'd be glad to. The product I created is in an industry that has a few major distributors and manufacturers. I picked the ones I thought would have the most interest and called them up. I told them I had a new product I had just patented and wanted to know if they were interested in looking at it. The receptionist sent me to either the purchasing manager or the product development head and we went from there. It was a new product that filled a specific niche that had not been covered before so I spent alot of time thinking about how I would present it, explain it, sell it, etc. before I talked to anyone.

I really haven't read any books. I talked to people instead. There are alot of experienced people you can find online that have invaluable advice. I started at the small business association site. I read an article about a woman who had invented a unique product, then wrote her and asked for advice. She was a fountain of knowledge. I found 3 other people who were as willing to give me advice. www.dreamstomarket.com is also a good site for info. on agreements, etc.

Good luck to you.