How do patents work over the internet businesses?
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How do patents work over the internet businesses?
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If someone has a pat pend on a type of auction in us, and say I have a website that offers the same thing and I live in the us but have my site hosted in say canada, and that company gets the patent can they shut me down? Also say I didnt live in us? Even though that company has the patent can other companies from around the world offer that product in the us on the internet?
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Paul H
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The key issue is the calendar dates involved. Let's say the person who has a patent pending filed on 1/1/08, but you have had your website operational since 7/1/07 and that is well documented, even if they are awarded a patent (which is not a certainty, not all applications are awarded patents) you are typically exempt as a prior use of similar intellectual property.
If however, your website was created on 7/1/08, they cannot shut you down prior to their patent being issued, but if issued, that certainly is a possibility.
As for international apparent infringements, there are countries that have reciprocal recognition agreements with the US, and those that do not. If that someone has not also filed in those countries, then they may or may not be afforded protection via their patent. |
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