Questions

Do I need an International Patent for a Kickstarter Campaign if there is a similar product in Spain that holds an EU Patent already?

My product holds a provisional patent in the US and I'm just about to launch a Kickstarter Campaign. I've been researching and there's a very similar product in Spain, which holds an EU Patent. Will I incur patent infringement if European Users buy my product on Kickstarter or my e-commerce website?

3answers

The answer is quite straightforward. If your competitor has an European applicaiton and a kickstarter, you are likely barred in most countries (other than the US) and need to hurry to a patent lawyer to have the facts analysed so that you can get your US (and maybe Canadian) applications on file as soon as possible. This is an urgent matter and may be costly.

You also have certain issues relating to the right to actually pursue your project (in Europe) that needs to be reviewed.

The questions should be able to be cleared up in 1-2 hours so it is not costly to get advice, the cost, if any, is in the filing process to ensure that your rights are protected.

It is impossible to give better advice without a patent number, etc.


Answered 4 years ago

Generally you would need to research more on the product and most likely not need a patent for a product that has an existing patent. I suggest you understand the Spanish product and EU patent laws before you make a decision.


Answered 4 years ago

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