Infringement and the International Reach of U.S. Patent Law

Abstract

American Patent Law, through both judicial and legislative efforts, has evolved from a strict territorial based set of laws asserting jurisdiction only over those infringements taking place on American soil to a more expansive set of rules asserting jurisdiction over any event that may harm patent holders in the United States regardless of where the infringement is taking place. This, we argue, is contrary to the original purpose of Patent Law and inconsistent with American obligations under the International Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). We argue for a return to territorial based rules of jurisdiction. Such a territorial based rule will generate stable and predictable rules of jurisdiction and will create certainty in an increasingly global world of patent applications, such as Telecommunications and the Internet. Additionally, this rule will allow the reading of American patent law in harmony with International obligations, and will also allow for American firms to take advantage of variations in international legal regimes.

Keywords: Patent Law, Jurisdiction, Territoriality

JEL Classification: K19