Beyond the US Borders: A Primary Analysis of Extraterritorial Application of US Patent Law

Abstract

Intellectual property right is a critical part of international trade. In the process of international trade, protecting intellectual property rights from extraterritorial infringement is important for the US’ intellectual property rights owner. Yet, all of the recognized intellectual property rights are territorial in nature and may not be protected extraterritorially. Overall, United States courts tend to favour United States plaintiffs over foreign defendants. In this article, the US laws which provide protection to patent rights from exterritorial infringement activities will be introduced and analysed. This analysis will provide valuable information for the international business community.