Freedom from patent litigation if you create an offshore corporation?

Published by: jack 2010-03-18

Right to Create: Patents Chilling Science?::
If it is purely non-commercial academic, which is what universities are supposed to do, then you can infringe on whatever patent. The 'freedom to create' as
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If you create an offshore company, say in Belize or Bermuda, for an internet based business that has no tangible assets in the United States and whose hosting is provided by Canada or the United Kingdom, can you be free from patent litigation by U.S. companies?

This does not answer my question. If I incorporate in Belize, Panama or Bermuda and do business over the internet and have no tangible corporate assets in the United States, am I subject to United States Patent Law?

Patent Cooperation Treaty (PCT): Another treaty, known as the Patent Cooperation Treaty or PCT, facilitates the filing of applications for patents on the same invention in member countries. The PCT provides for centralized filing procedures whereby a single application filed in a PCT governmental receiving office can constitute an application for patent in one or more (including all) member countries. Once the application is filed, one of the eligible PCT governmental searching offices will perform a patent search on the application. When the search is completed, the applicant may then elect to enter what is known as "Chapter II" of the process, a PCT governmental office evaluates the patentability of the application pursuant to patentability standards set forth in the Patent Cooperation Treaty. Eventually, the applicant will be required to have the PCT application officially entered into the national patent office of each of the countries from which the applicant desires patent protection. There are several advantages to the PCT process. First, the applicant can file a single PCT application rather than filing a series of national applications. The single PCT application is much less expensive than the individual national filings. Although the applicant will eventually be required to incur a cost similar to the national filings when the PCT application is entered in each national patent office, the PCT procedure allows these costs to be delayed for up to eighteen months. This period of time will allow the inventor a better chance to analyze the patentability and profitability of the invention, and therefore the applicant can make a more informed decision regarding where the patent application should be filed. A second advantage of the PCT process is that the evaluation of patentability made by the PCT governing body handling the examination should lead to more uniform results in connection with the patentability of the invention in each country. Although individual countries are not bound by the determination made during the PCT process, a positive PCT decision on patentability is often persuasive evidence in a national patent office. Additional advantages of the PCT process include advanced application manipulation designed to achieve such results as obtaining an early search result from the European Patent Office; delaying entry into the U.S. Patent Office, and utilizing the patentability requirements of the PCT document rather than the U.S. Patent Act. These advanced applications should be discussed with a qualified patent attorney with experience in handling PCT applications. so it also depends where the hosting is done also.

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If patent protection is afforded then the owner of the technology stands in a of freedom, including the freedom to distribute and improve the program.
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