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.
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 3 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. If the product is not known in india and u bring it first time in indian market then u have a green signal.
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.
Hi Thanks for the reply. Perhaps, I should have added few more lines to my original question to make it clear. I am an Australian holding Indian OCI (Overseas Citizen of India) status. I am sure this product is only being sold in the USA by them currently and it is not being sold in India, unless someone in india buys online from USA. I am also considering a small variation to the product (currently they sell in a 5cm long stick form where as I am considering manufacturing it in the "O" ring form but of course utility is still the same), I also had a quick look at the InPASS (indian patent advanced search system) for the same, no one seem to have a patent registered for that product. Where do I stand as of now, am I allowed legally to produce and sell commercially in India? Further, How much and how long does it take to have a patent registered in India, if I file an application for patent in India, can I produce and sell while my patent is still in the application stage in India? Thanks again.
Asked 3 years ago
Ask a Lawyer
Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a lawyer