"Westerngeco" and the Patent Act: An Analysis of the Patent Act and the Presumption Against Extraterritoriality

Authors

Samuel Tanner Lowe, University of Georgia School of Law

Abstract

The goal of this Note will be to take up where the Court left off in WesternGeco LLC v. ION Geophysical Corp. and provide an adequate answer to the question of how the presumption against extraterritoriality affects patents. First, I will provide background on the history of patents, the presumption against extraterritoriality, and the WesternGeco LLC case. Next, I will contend that the Patent Act does not rebut the presumption against extraterritoriality. In light of this interpretation, I will argue that Congress should not rewrite the law so as to rebut the presumption because to do so would extend the reach of sovereignty beyond its reasonable limit.

Recommended Citation

Samuel T. Lowe, "Westerngeco" and the Patent Act: An Analysis of the Patent Act and the Presumption Against Extraterritoriality, 27 J. Intell. Prop. L. 97 (2020).
Available at: https://digitalcommons.law.uga.edu/jipl/vol27/iss1/4