In the US & Europe, the security guys are probably liable.
However, when you enter an Arab Country (alongside the Persian Gulf), don't be surprised when the security guys even format your harddisk to be sure you don't have any porn on it.
It has never happened to me, but I got the advise from a guy who's been there to put all your favourite data on a Zip disk or a CD-ROM
Please bear in mind that patent are limited to a specific territory. Fraunhofer & ST forgot to appy for a patent in e.g. China and India. Check this site. Explanation of the country codes probably somewhere on the WIPO site.
So here's the solution: write your code, set up a distribution site in India and lean back. When that's too far, try Poland or Mexico.
Don't forget to register a company or other legal entity in India, since you may be sued in your own country where there's still a patent. Fraunhofer and ST may not win, but you'll sure be broke looking at the costs of litigation.
It's basically the same trick as KaZaa:
When they were sued in The Netherlands, they moved the whole stuff to Australia (however, in appeal, KaZaa won).
The EU and the EPC (European Patent Convention) are not related, officially. However, EU countries are all member of the EPC.
Well, this means that the EPC has nothing to do with the EU. However, EU will push its member states to put EU legislation in the EPC.
After a patent is granted, the EPO has nothing to say anymore on the patent (except the opposition procedure, but that's something else). From that moment on, a European patent seizes to exist. Instead, a number of national (Brittish, Dutch, Belgian, German, Spanish, etc.) appear.
This means that the national courts have to revoke the patent (after the opposition period is over). For this, national law is used. In EU memberstates, a lot of EU regulation is embedded.
Which court in a country is allowed to do so, is arranged by national law. For example in the Netherlands, on the court in The Hague is allowed to revoke patents. In Germany, they have a separate court for this.
With respect to this kind of stuff, it's time for a European patent.
I do not work at the EPO, but my impression is that the EPO works with the attitude: customer first, within the legal frame that the EPC provides.
I don't know about UK, but the dutch patent law provides a research exception: as long as you apply the patented subject matter solely (!) for research purposes, the patent proprietor cannot assert his patent to you.
For UK, please check with a UK patent attorney or a sollicitor. And check the UK patent law first, this might even save you the first attorney fees. It's probably on the net.
With respect to your question: too bad. Legal help is expensive, especially in the UK (compared to mainland Europe). After a (European) patent has been granted, it's split into separate patent rights for the designated countries and the patent has to be attacked in each country separately.
- I am a dutch & European patent attorney trainee, so of course, this is no legal advise:-P
for more information, you may want to check this site, a patent info site for techies set up by a colleague of mine.
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However, when you enter an Arab Country (alongside the Persian Gulf), don't be surprised when the security guys even format your harddisk to be sure you don't have any porn on it.
It has never happened to me, but I got the advise from a guy who's been there to put all your favourite data on a Zip disk or a CD-ROM
So here's the solution: write your code, set up a distribution site in India and lean back. When that's too far, try Poland or Mexico.
Don't forget to register a company or other legal entity in India, since you may be sued in your own country where there's still a patent. Fraunhofer and ST may not win, but you'll sure be broke looking at the costs of litigation.
It's basically the same trick as KaZaa:
When they were sued in The Netherlands, they moved the whole stuff to Australia (however, in appeal, KaZaa won).
IANAL (yet)
Her secretary you mean.
Well, this means that the EPC has nothing to do with the EU. However, EU will push its member states to put EU legislation in the EPC.
After a patent is granted, the EPO has nothing to say anymore on the patent (except the opposition procedure, but that's something else). From that moment on, a European patent seizes to exist. Instead, a number of national (Brittish, Dutch, Belgian, German, Spanish, etc.) appear.
This means that the national courts have to revoke the patent (after the opposition period is over). For this, national law is used. In EU memberstates, a lot of EU regulation is embedded.
Which court in a country is allowed to do so, is arranged by national law. For example in the Netherlands, on the court in The Hague is allowed to revoke patents. In Germany, they have a separate court for this.
With respect to this kind of stuff, it's time for a European patent.
I do not work at the EPO, but my impression is that the EPO works with the attitude: customer first, within the legal frame that the EPC provides.
You need a separate, national patent in each and every country you want to enforce your patent.
On one hand, this means that enforcing a patent is very costly.
One the other hand, this means that the rest of the world is refrained from USPTO activities.
For UK, please check with a UK patent attorney or a sollicitor. And check the UK patent law first, this might even save you the first attorney fees. It's probably on the net.
With respect to your question: too bad. Legal help is expensive, especially in the UK (compared to mainland Europe). After a (European) patent has been granted, it's split into separate patent rights for the designated countries and the patent has to be attacked in each country separately.
- I am a dutch & European patent attorney trainee, so of course, this is no legal advise :-P
for more information, you may want to check this site, a patent info site for techies set up by a colleague of mine.
Check out www.iusmentis.com for free (basic) IP advise. Colleague of mine. Groote Ka