Dr Malcolm Abel

Patent Infringement and Transnational Extraterritorial Application

To Be Presented at ALSB Richmond 2010


The general rule of U.S. Patent Law is that there is no infringement where a product is manufactured and sold outside the U.S. The exception under the Patent Act is when a component is supplied from the U.S. This paper examines whether U.S. Patent Law applies when an admitted infringement is replicated outside the U.S. for sale outside the U.S. The nature of a component supplied transnationally is discussed in terms of the application of the law on infringement extraterritorially.