

Ask HN: How to get out from under U.S. Patent Law? - jasongullickson

Is it enough to simply found a company in another country and refuse to distribute within U.S. territories, or are there additional measures that need to be taken to disqualify oneself from U.S. patent enforcement?
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dredmorbius
Yes, but _only_ if you're transacting _any_ sort of business in the US. Under
US law:

"whoever without authority makes, uses, offers to sell, or sells any patented
invention, within the United States, or imports into the United States any
patented invention during the term of the patent therefor, infringes the
patent"

[http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35...](http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm)

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reasonattlm
It's a similar challenge to that of getting out from under the FDA. (See:

<http://www.opencures.org>

). So you might look at the medical tourism industry for pointers as to how to
organize and grow markets and communities aimed at accomplishing this goal.

