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- Patents
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- U.S. patent law differs from the laws of most other
- countries in several important aspects. The U.S. patent law
- grants a patent to the first inventor even if another
- person independently makes the invention and files an
- application first. Most other countries award the patent to
- the inventor who first files a patent application. The
- United States also provides a one-year "grace period" that
- does not preclude an inventor from obtaining protection
- after an act such as publishing, offering for sale, or
- using the invention, which would make the invention public.
- Most countries have no such grace period to allow an
- inventor to so disclose the invention prior to filing a
- patent application. In countries with an "absolute novelty"
- rule, a patent application must be filed before making the
- invention public anywhere. Hence, even the publication of
- an invention in a U.S. patent grant is a disclosure that
- can defeat the right to obtain foreign patents, unless the
- applicant is entitled to claim the "right of priority"
- under the Paris Convention, as previously described.
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- Unlike the United States, many countries require that
- an invention be "worked" locally in order to retain the
- benefit of the patent. "Working" may require
- commercial-scale manufacture within the country, or may be
- met by importation of goods covered by the patent,
- depending upon a particular country's law. The Paris
- Convention permits penalties for non-working, which may
- include a compulsory license at a reasonable royalty
- followed by possible forfeiture of the patent for
- continuing to fail to work an invention.
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- For an invention made in the United States, U.S. law
- prohibits filing abroad without a foreign filing license
- from the Patent and Trademark Office unless six months have
- elapsed since filing a U.S. application. This prohibition
- protects against transfer of information which might damage
- the national security. The penalties for filing abroad
- without following these requirements range from loss of
- U.S. patent rights to possible imprisonment if classified
- information is released. Recent procedural improvements
- have significantly reduced the time it takes to obtain a
- license in the majority of cases. In practice, this
- requirement generally imposes a minimal inconvenience. In
- addition, other export control laws require that a license
- be obtained prior to the export of certain technologies,
- even if no patent application is filed, or bar their export
- altogether.
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