Territorial Limits of United States Patent Jurisdiction

Abstract

Patent suits brought in federal district courts for infringement of United States patents abroad are usually dismissed for failure to state a cause of action upon which relief can be granted or for lack of jurisdiction over the subject matter. Few cases, however, have involved the question of patent infringement in territories outside foreign countries-e.g. on the high seas or in air spaces over international waters.

The purpose of this comment is as follows: (1) To review the concept of territorial and extraterritorial jurisdiction; (2) to examine the territorial limits of the patent laws; (3) to focus on a specific problem of patent jurisdiction-that of offshore exploration and mining activities; and (4) to consider the need of clarifying legislation in the area of patent law.