Patents geographic limitation

Fundamentally, a patent provides the right to exclude others from practicing the invention covered by (i.e., "claimed in") the patent. Enforcement of patents is limited both temporally and geographically. A patent can be enforced only against acts occurring during its term (158). Patent term is discussed in detail in Section 2.4 above. 

The innovative pharmaceutical industry is one of the clearest exponents of the familiar process of the globalization of the economy. The reasons for this are obvious first, companies need to recover the huge investment in R D that is necessary to get an innovative medicinal product with added therapeutic value onto the market. Second, the cost of transporting pharmaceuticals is usually low in comparison with the economic value of the product, which facilitates the geographical extension of markets. Finally, the company does not even need to transport goods, as it can limit itself to selling technology, especially if the innovation is protected by a system of patents, and this facilitates international expansion even more. 

The original concept dates back to 1954-1956, when a patent filed by Intrusion-Prepakt (a company no longer in existence) described the use of a single auger to create a mixed-in-place pile. The results of one of the very early field projects is shown in Figure 6.2. The method was used only occasionally in the US, probably due to equipment limitations, but was developed further in Japan. Since 1967, both Japan and Scandinavia mounted intense research efforts, and the methods developed have been widely used in both those geographical areas. Widespread use in the US began after 1980. 

Patent protection is limited geographically. For the most part, a U.S. patent does not provide legal protection from, or prevent, an act occurring outside the United States (and its territories and possessions), although that same act would fall within the scope of patent protection if carried out in the United States (the one exception is discussed in Section 4). The same is generally true for other countries. Thus, a comprehensive patent strategy should take into account the possibility of obtaining patent protection in all countries where an invention will be exploited (i.e., sold, manufactured, or used). 

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