Hi redman1960,
Briefly, no, it's not legal for someone to make your product in the
U.S. or Canada for resale elsewhere. They could, however, make your
product elsewhere for resale in any country other than the U.S. or
Canada.
CANADIAN INTERNATIONAL PROPERTY OFFICE:
What is a patent?
"Through a patent, the government gives you, the inventor, the right
to exclude others from making, using or selling your invention from
the day the patent is granted to a maximum of 20 years after the day
on which you filed your patent application. You can use your patent to
make a profit by selling it, licensing it or using it as an asset to
negotiate funding."
"People may then read about, though not make, use or sell, your
invention without your permission. Only after your patent has expired,
or lapsed for non-payment of maintenance fee, may anyone freely make,
use or sell your invention."
"The rights conferred by a Canadian patent extend throughout Canada,
but not to foreign countries. You must apply for patent rights in
other countries separately."
http://strategis.ic.gc.ca/sc_mrksv/cipo/patents/pat_gd_protect-e.html#section01
UNITED STATES PATENT AND TRADEMARK OFFICE:
What is a patent?
"A patent for an invention is a grant of property rights by the U.S.
Government through the U.S. Patent and Trademark Office. The patent
grant excludes others from making, using, or selling the invention in
the United States."
http://www.uspto.gov/
>>>>>>> INTERNATIONAL LINKS
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO):
What kind of protection does a patent offer?
Patent protection means that the invention cannot be commercially
made, used, distributed or sold without the patent owner's consent.
These patent rights are usually enforced in a court, which, in most
systems, holds the authority to stop patent infringement. Conversely,
a court can also declare a patent invalid upon a successful challenge
by a third party.
"A patent is granted by a national patent office or by a regional
office that does the work for a number of countries, such as the
European Patent Office and the African Regional Industrial Property
Organization. Under such regional systems, an applicant requests
protection for the invention in one or more countries, and each
country decides as to whether to offer patent protection within its
borders. The WIPO-administered Patent Cooperation Treaty (PCT)
provides for the filing of a single international patent application
which has the same effect as national applications filed in the
designated countries. An applicant seeking protection may file one
application and request protection in as many signatory states as
needed."
http://www.wipo.int/about-ip/en/patents.html
"A U.S. patent protects your invention only within the U.S. and its
territories. Without your permission, no one can make, use, sell, or
offer to sell your patented invention, or a product or service using
your patented process, in the U.S. and its territories. This also
means a product made in a foreign country is protected by your U.S.
patent if the maker attempts to import and sell the product in the
U.S. (and territories). However, your U.S. patent does not protect
against a person making and selling your invention in a foreign
country, such as Canada or France. Patent protection in these
countries requires a Canadian or French patent."
"It is possible to file individual patent applications identical to
your U.S. application in each foreign country in which you desire a
patent."
"A more common process is to make a Patent Cooperative Treaty (PCT)
application within one year of the earliest U.S. application. By
filing a single PCT application and doing some additional formalities
you can preserve your right to file patent applications in some 83
foreign countries, from Antigua to Zimbabwe. Major trading partners
such as Canada, Japan, Mexico, and United Kingdom are included."
http://www.williamramseylaw.com/pages/Pobtaining.html
WHAT IS AN INTERNATIONAL PATENT APPLICATION (PCT)?
"The PCT or Patent Cooperation Treaty is a multilateral treaty
administered by WIPO (World Intellectual Property Organization) in
Geneva. The PCT procedure makes it easier to obtain protection for
inventions in States party to the Treaty; in January 1997, there were
89 such States. A single international application has the same
effects as a national application in the designated States: it is also
possible to designate "regional patents" (ie valid in a group of
States). At present the regional organisations are:
o) the EPO (European Patent Organisation);
o) the ARIPO (African Regional Industrial Property Organization);
o) the AIPO (African Intellectual Property Organization);
o) the EAPO (Eurasian Patent Office).
While it is still necessary to follow the grant procedure in each
designated State (or regional organisation), this procedure is
facilitated. There is a single formal examination, international
search and (optionally) international preliminary examination for all
countries during the international phase of the procedure..."
http://www.european-patent-office.org/it/gen_info/euro_pat3.htm
Patent Cooperative Treaty (PCT):
"A Patent Cooperative Treaty (PCT) patent application is a means to
delay filing in individual foreign countries for up to 30 months from
the U.S. filing. The PCT patent application does not mature into a
patent. Rather, an application must still be filled in each individual
country."
http://www.patentapplications.net/glossary/patent_cooperative_treaty.html
International Intellectual Property Links:
http://strategis.ic.gc.ca/sc_mrksv/cipo/links/links_intl-e.html
>>>>>>>>>>
I hope I've help to sort that out for you. If you have any questions,
please post a clarification request before closing/rating my answer
and I'll be happy to reply.
Thank you,
hummer
Google Search Terms Used:
international patent
u.s. patent
canada patent
Plus I was able to use many of my own bookmarks. |
