Spitballing: Offshoring patented item results in forfeiture of patent when imported

rbmgf7 · Jul 7, 2021

Just spitballing an idea. Will probably catch flak for it but curious to hear what people might think.

If a company decides to offshore the manufacturing of a product that is protected by a US patent, should that patent be rescinded if that company then imports the same product back into the US? I guess same can be applied for other countries with patenting systems.

There's probably a lot I'm not taking into consideration or am aware about. Don't forget, it's just an idea.

So if a company decides to offshore, I figure this idea would allow other domestic manufacturers the ability to make the same product (maybe even better or cheaper) or force the other business to stay Stateside.

I'm sure there are people here that might be relying on patents and have their operations overseas but what's stopping that foreign company from rebranding and selling the product for their or other markets around the world (pretty sure it already happens)?

mrogowski · Jul 7, 2021

I don't believe the patent office cares where the product is made. If it is your patent you can have it made anywhere you wish, but it is your responsibility to ensure the protection of it. The best way of doing that is to cross-patent it in the country you plan on having it made. Additionally, your contract with the firm should include some kind of NDA. Just don't expect any of this to work in a place like China though - they are masters of patent infringement.

Trueturning · Jul 8, 2021

rbmgf7 said:
Just spitballing an idea. Will probably catch flak for it but curious to hear what people might think.

If a company decides to offshore the manufacturing of a product that is protected by a US patent, should that patent be rescinded if that company then imports the same product back into the US? I guess same can be applied for other countries with patenting systems.

There's probably a lot I'm not taking into consideration or am aware about. Don't forget, it's just an idea.

So if a company decides to offshore, I figure this idea would allow other domestic manufacturers the ability to make the same product (maybe even better or cheaper) or force the other business to stay Stateside.

I'm sure there are people here that might be relying on patents and have their operations overseas but what's stopping that foreign company from rebranding and selling the product for their or other markets around the world (pretty sure it already happens)?

“ If a company decides to offshore the manufacturing of a product that is protected by a US patent, should that patent be rescinded if that company then imports the same product back into the US? I guess same can be applied for other countries with patenting systems.”

I do not think so. I am not familiar of any examples where a Patent goes through the process and would then be rescinded. I do know once in China many there feel those kinds of things are not binding to whatever they do. They like to skip R&D and just enjoy and produce the end result while pretending they are creative and making advancements when they are largely exhibiting the practice of Pirating.

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Spitballing: Offshoring patented item results in forfeiture of patent when imported

rbmgf7

Aluminum

mrogowski

Plastic

Trueturning

Diamond

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