Ask Patents Asked by Mayra Felix on January 27, 2021
If these patents are still active, can they be used outside of country. For example, if I live in the USA, can I use a similar patent (cap pierced)? Or would I still face patent infringement?
I tried looking everywhere to see where it says it’s officially filed or if it was expired. I see dates and codes but I have trouble understanding what they mean, even after searching them up. I just want to see if it would be safe and not worry about committing infringement.
I would really appreciate if someone can clarify this for me! I’m scared of getting sued!
It looks like the Korean application never became a patent and the WO number is for the PCT application. PCT applications need to enter the national stage in one or more countries to actually become a patent. I do not see that this ever entered the U.S. national stage
Patents are territorial. Other than some odd cases, they only constrain actions within the country that issued the patent. There are some small exceptions like things at sea.
However there may be patents other than this that cover what you plan to do. Just because there is not a corresponding U.S. patent there may be other patents by other inventors or the same inventor that could cause a problem.
One way to start looking is to look, on google patents for example, at previous work cited in the patent application at later work that google patents links to. These are things that the application cites. On google patents there is also a link to "similar documents".
US5005218A * 1989-10-05 1991-04-09 Ganz Manufacturing Co., Inc. Garment
GB2301017A * 1996-06-14 1996-11-27 Davinna Jennifer Bentley Securing garments
US6076194A * 1999-10-18 2000-06-20 Purkett; Varan C. Wearing apparel system with suspended indicia
DE20018811U1 * 2000-03-09 2001-07-26 Lasar Raimond Body jewelry arrangement
GB2381183A * 2001-10-27 2003-04-30 Peter Lawton Jewellery for pierced navels
WO2007142416A1 * 2006-06-05 2007-12-13 Seung Hoon Lee Headgear capable of being attached and separated ornaments
Answered by George White on January 27, 2021
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