Patent Owners (individuals and corporation) are often times concerned about the infringement of their patent by overseas manufacturers. Although 35 USC 271 does not typically apply internationally, there is a way a patent owner can protect his US Market.
35 USC 271 (g) permits a patent owner to prevent another from infringing his patents by importing goods manufacutured overseas. In our new borderless economy, this provision is extremely useful to prevent infringing goods made in countries that have lax patent laws from competing with a U.S. patent owner’s products.
The first step in protecting competitors from performing an end around on your patent, may be a complaint with the International Trade Commission (ITC). For additional information on the ITC process see our publication on the ITC proceedings summary.
However, if you are unable to obtain an exclusion order from the ITC, you do have the option of initiating a patent infringement suit under 35 USC 271 (g) in Federal Court. Understanding how 35 USC 271 (g) can be utilized to protect domestic interests is vital in an economy that continues to shift manufacturing and production responsibilites to countries with weaker patent protection.