[Article] A Court Decision concerning Application of “Offers to Assign” to Cross-Border Conduct, the Scope of Damages and the Doctrine of Equivalents
Updated: 6 hours ago
Article information
Article type: Publication review
Category: Patents
Topics: Doctrine of equivalents
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-05-11 (Japan time). Full English translation.
[Article] A Court Decision concerning Application of “Offers to Assign” to Cross-Border Conduct, the Scope of Damages and the Doctrine of Equivalents: The First-Instance Judgment in the L-Glutamic Acid Manufacturing Method Case (Masabumi Suzuki, Intellectual Property Law and Policy Journal, Vol. 67 (2023))
*Trends concerning “offers to assign” in the United States, United Kingdom and Germany
*They agree in treating this as an independent infringing act.
Regarding the locations of conduct that may be at issue in relation to the territoriality of patent systems, and the respective locations of “assignment (or sale)” and “the offer thereof”:
(1) In the United States, if the former is domestic, the latter need not be domestic.
(2) In the United Kingdom, both must be domestic. (A UK decision states that infringement is established when both the offer and the infringement occur during the patent term.)
(3) In Germany, the position has been that if the latter is domestic, the former may be domestic or overseas. In recent years, however, the view has gained strength that not only must the offer itself be made in Germany, but its subject must also have a connection with Germany. (In Germany, making an offer during the patent term that promises an assignment after the patent expires also constitutes infringement.)
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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