Can You Handmake Products That Are Similar to a Patented Product in Another Country

I'm in Australia, and yes, I know this is a US site. The product I'm wanting to replicate on a small local scale has a US patent (5755186). My version is handmade, and would be made from different material, have a different shape and attach to the collar differently, however it serves the same purpose with the same intent (to protect birds from domestic cat attacks by attaching a piece of material from a cats collar). Does the patent prevent recreating this product in the US only, or is it worldwide? Being in Australia, is there likely to be ramifications? Thank you

I suggest you consult a patent attorney in Australia to get the answer to that question.

If you aren't willing to spend a few bucks on professional advice then you have no business going into that business.

hm. it's not a business, just something to make as a hobby and sell at local craft markets, not a big business venture. My question was about whether a us patent applies in other countries.

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My question was about whether a us patent applies in other countries.

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Depends on whether the patent holder has also registered with WIPO in order to register their patents abroad.

You really do need to speak to a patent attorney if you want a more complete answer than that. Your question really is about Australian law, and we do not handle that here.

There are treaties that allow patents to be effective worldwide* but it is not automatic to all patents

*among participating nations, Australia IS participating.

Patents are country by country. No patent is effective worldwide without a perfected filing in each member nation's patent office and also obtaining a patent for that country. The one you site seems to be only a US patent. You can make it and sell it in Australia without violating US patent law. Assuming you are infringing on the US claims, you cannot export it to the US or make or use it in the US. US patents are not enforceable in any other country than the US.

The inventor had the opportunity under the PCT (patent cooperation treaty) to file for a patent in AU but did not. I suggest you consult an AU patent counsel to confirm this.

It appears there are international patents on this item unless I am reading this wrong. I do not know if Australia is included.

http://worldwide.espacenet.com/publi...186A&KC=A&FT=D

You are reading it wrong. That's a US patent. The "international classification" is how the US examiner classified the invention under the international system.

Contact the patent owner or her attorney. She may have a huge inventory of these things in her garage gathering dust and sell them to you for a bargain.

the simple answer is:

you cannot copy a patented item, process, parts of an item, or anything else, regardless of whether you make it in the same manner the patent holder uses (unless we are speaking about that actual process), make it by hand, by conjuring up out of thin air.

If an item is patented, then anything that is patented is protected and cannot be replicated.(not all parts of all products are patented, sometimes and sometimes it is the cumulative product it self that is what is patented)

Of course, that is presuming the patent in question is enforceable in the country you are speaking of. I was intending on addressing only the question of hand making the item versus it being manufactured, however it is.

well the US patent (5755186) is about 15 yrs old ... if the holder did not pay his occasional patent fees then the OP would not have to worry about the patent, that particular patent

So why don't you go check that out for her jack