US Patent - enforceable outside USA?

[snadowitz]

What is the name of your state? I live outside the USA

I listed some items on eBay.com and they were removed for patent infringement. Apparently some patent owner complained about me infringing his patent. I keep asking him if his patent is enforceable outside USA and he won't answer. I suspect that I am right in that US patents can only be applied in the USA - does anyone know the answer?

 

[divgradcurl]

What is the name of your state? I live outside the USA

I listed some items on eBay.com and they were removed for patent infringement. Apparently some patent owner complained about me infringing his patent. I keep asking him if his patent is enforceable outside USA and he won't answer. I suspect that I am right in that US patents can only be applied in the USA - does anyone know the answer?

U.S. patents are only enforceable in the U.S. A U.S. patent is not enforceable anywhere except in the U.S.

However, even though you are outside the U.S., eBay is right to pull your listings if they suspect patent infringement. Although you are outside the U.S., importing an infringing item into the U.S. is infringement itself -- and eBay, who is in the U.S., could potentially be held liable for contributory or vicarious patent infringement by helping to facilitate the importation of an infringing item. This is true even if the "direct" infringer -- which would be you, the importer, in this case -- is beyond the jurisdictional reach of the U.S. courts.

Further, even if you don't work through eBay, the patent holder could also potentially file an action with the U.S. International Trade Commission to stop the importation of infringing items at customs.

So, even though you cannot be held liable for infringement if you are outside the U.S., eBay and the ITC can keep your infringing items from being imported into the U.S.

 

[snadowitz]

Thanks for the great response. So the only mistake I made was to offer the item for sale in the USA? If I listed on ebay.co.uk i.e. the UK eBay website and specifically excluded buyers from the USA then he can't touch me - as I am only selling to non-USA customers - right?

 

[divgradcurl]

Thanks for the great response. So the only mistake I made was to offer the item for sale in the USA? If I listed on ebay.co.uk i.e. the UK eBay website and specifically excluded buyers from the USA then he can't touch me - as I am only selling to non-USA customers - right?

Well, you are right that he can't touch you -- if you are not selling or offering for sale in the U.S., you are not infringing on the U.S. patent.

However, remember that eBay is a private company, and can generaly choose to allow a listing or not, so it doesn't necessarily mean you are free and clear to sell on eBay if you only use the UK site -- but that's not a legal question, that's an eBay policy question.