Is it legal to sell patented product in another country?


I'd like to begin reselling a patented product, in a country other than the one it's patented in.

Could I get in trouble for selling it? Does the answer change if we talk about a replica of the product?


Posted 2016-03-14T05:03:24.913

Reputation: 21



Yes, you can sell patented inventions in other countries. You just can't manufacture, import, distribute, or sell patented products in countries where the invention is patented. If the patent owner catches you doing any of those 4 deeds, the patent owner can get an injunction to stop you and sue you for lost profits. In some countries, the owner can sue you for triple your profits.

For example, if somebody patents a new type of solar panel in Canada, and extends that patent into Europe and the U.S., but not any other country, the inventor can't do a thing to you if you sell a similar solar panel in China, Australia, India, Japan, or elsewhere.

To put it simply, US patent laws don't extend outside US borders. Same with Canadian patent laws; they don't apply outside Canada. And so forth.

I suggest you exercise caution if you plan to sell a patented product even in other countries. Or even sell a knock off product made in other countries. Why? The inventor will have several years after applying for the patent to extend their patent rights into other countries. You don't if the inventor has applied to extend the patent rights elsewhere, and the application is still pending.


Posted 2016-03-14T05:03:24.913

Reputation: 179