Strategies to strengthen your patent

Authors

Name

Brian D. Coggio

Person title

Of Counsel

Brian D. Coggio of Fish & Richardson explores a possible way to strengthen US patents with diagnostic assay claims against extraterritorial infringement

Title 35, U.S.C., section 271 sets forth the statutory basis for patent infringement. Two provisions contained therein are particularly relevant to enforcing method or process¹ patents. Each, however, differs in its extraterritorial reach. Section 271(a) prohibits use of a patented process within the United States, whereas section 271(g) prohibits, inter alia, importation of products made by a patented process. Although narrow, section 271(g) provides US patent owners with a mechanism to indirectly prevent infringing activity conducted abroad from affecting the domestic marketplace.

The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.

Strategies to strengthen your patent

Authors

Brian D. Coggio of Fish & Richardson explores a possible way to strengthen US patents with diagnostic assay claims against extraterritorial infringement

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