• Does a patent in the USA stop me from manufacturing

Hi 

I have an idea, it is a simple engineering product that I want to produce and sell in India, but I understand for the same product, some one owns a patent in the US and the product is being successfully produced and sold for millions of dollars in the USA.

Does the fact that it is already patented, produced and successfully marketed in the USA, STOP me from manufacturing and commercially selling in India? Will there be any problem by the US company to me in future when the same product is launched by me in India?

Thanks a lot !
Asked 2 years ago in Intellectual Property from Australia
Technically you cannot manufacture it and sell in india. Firstly because you need to check if the US company had applied for a patent in india as well or not. Moreover, if the product of the US company has a good will in indian market as well then you may get into trouble if the company decide to take action against you.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Technically you cannot manufacture it and sell in india. Firstly because you need to check if the US company had applied for a patent in india as well or not. Moreover, if the product of the US company has a good will in indian market as well then you may get into trouble if the company decide to take action against you.

If the product is not known in india and u bring it first time in indian market then u have a green signal.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Yes you can produce it while u have applied for patent in india. After u file an application with the patent office, it takes usually more than 3 years to obtain it no objection against the same is filed.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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