US patents can’t be enforced on Indian Reservations located within the US!

A very short posting from me today from an item entitled “History Lesson” which appeared on the General Patent Corporation site last week.

They document the case of:

“…a U.S. patent which is not being enforced in an Indian reservation, in Oklahoma, because the reservation is a separate nation and, in that respect, not part of the United States. (Specialty House Of Creation, Incorporated v. Quapaw Tribe Of Oklahoma, a federally recognized Indian nation)”

Interesting huh? For those who would like to read more of the legal nitty gritty visit these pages on Justia.com

Thanks to Victoria Henson-Apollonio for sending me the link.

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3 responses to “US patents can’t be enforced on Indian Reservations located within the US!

  1. Pingback: US patents can't be enforced on Indian Reservations located within … | Legal and Law Info

  2. Pingback: US patents can't be enforced on Indian Reservations located within … | Fantastic Legal Information

  3. Victoria Henson-Apollonio

    There are a couple of things that I find interesting about this item.
    One is the fact that IPRs can’t be enforced (well, at least patent rights) on Indian Reservations in the U.S. and what this means with regard to Native American farmers, Native American inventors, etc. And the other is the observation that the mere presence of a functioning legal system as well as, having IP/legal expertise within the Native American community has allowed a resolution of this problem through the judicial system.

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