I've been doing R&D on a product idea for a few months and after reaching a point where I felt it was worth pursuing I decided to do a patent search. Unfortunately, I found an existing patent that was filed in early 2016 for almost the exact same idea/invention. The patent is currently in the Published state and as best I can tell has only been filed in the US.
My question is around the implications of pursuing the idea in Australia despite the existing patent. I'm interested in the idea as a technical undertaking to look at how it can be achieved and ideally would be able to create a run a business off it within Australia. The existing patent is quite vague in terms of specific implementation though the concept is exactly the same I have in mind.
I have no plans at this stage to attempt to sell the product in the US or anywhere else and understand that the patent would prevent me from doing that anyway. I've done some research and do not believe any actual product has been created or released in the US yet so they are either just filing the patent as protection or are still in the R&D phase.
If I pursued the product, I understand that I would be unlikely to be able to file a patent in Australia given the prior art already exists in the US. However, assuming they do not file a patent in Australia, are there any implications to me creating a business in Australia, other than not being able to patent the invention myself? Or, if they decide to file the patent in Australia at a later date, can I then be held liable?
So, for example, in three years time they decide to file the patent in Australia and I've been in operation for a few years, would I still be infringing the patent even if I've fully developed my own technology?
My question is around the implications of pursuing the idea in Australia despite the existing patent. I'm interested in the idea as a technical undertaking to look at how it can be achieved and ideally would be able to create a run a business off it within Australia. The existing patent is quite vague in terms of specific implementation though the concept is exactly the same I have in mind.
I have no plans at this stage to attempt to sell the product in the US or anywhere else and understand that the patent would prevent me from doing that anyway. I've done some research and do not believe any actual product has been created or released in the US yet so they are either just filing the patent as protection or are still in the R&D phase.
If I pursued the product, I understand that I would be unlikely to be able to file a patent in Australia given the prior art already exists in the US. However, assuming they do not file a patent in Australia, are there any implications to me creating a business in Australia, other than not being able to patent the invention myself? Or, if they decide to file the patent in Australia at a later date, can I then be held liable?
So, for example, in three years time they decide to file the patent in Australia and I've been in operation for a few years, would I still be infringing the patent even if I've fully developed my own technology?