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[Article / US patents] Extraterritorial application of patent law (龍野文, Patent, November 2023)
Read the Japanese version / 日本語版を読む [Article / US patents] Extraterritorial application of patent law (龍野文, Patent, November 2023) 1. Direct infringement (35 U.S.C. § 271(a)) (1) System inventions (NTP) Even if some components (servers, etc.) are outside the United States, use is considered domestic if the system is “controlled and beneficially used” in the United States, with its benefits enjoyed there. (2) Method inventions (NTP) There is no infringement unless all steps ar
[Article / Korean patents] Treatment of extraterritorial matters in Korea (ジョン ウォンギ, Patent, November 2023)
Read the Japanese version / 日本語版を読む [Article / Korean patents] Treatment of extraterritorial matters in Korea (ジョン ウォンギ, Patent, November 2023) Korean courts tend to interpret territoriality flexibly, assessing infringement primarily by whether acts of working the patent occur in Korea, regardless of the location of servers or assembly. 1. Servers located abroad (1) Seoul Central District Court, 2007, 2006 Gahap 73442 A Korean patent (search method), with the server in the Un
[Article / European patents] Pitfalls of contributory infringement
Read the Japanese version / 日本語版を読む [Article / European patents] Pitfalls of contributory infringement (Vincenzo Jandoli, AIPPI Vol. 71, No. 3) Where components sold in its own country by a company outside Europe (e.g., China) are later incorporated into finished products that infringe a patent in Europe (e.g., Italy), this may constitute "contributory infringement." For example, Italian law, based on the criminal-law concept of complicity, provides for joint and several liab
