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Like 2 years ago a develop a product in Africa and made a prototype that end up working amazing. So i search any product in Africa and there is none, but in USA there are two.

One with Utility Patent and Pct Patent. 2010-12(patent filed)

The second has a Pending Patent.came out on 2015

If am not mistaken the first one is like 2 years older than the second one. How is this possible in the same country? pretty much the same product. The only thing that changes from the first is the material and just a bit of the design. Now, my question is, can i patent my product and sell it in Africa and Australia? The differences from mine: They claim their product works on ABC. Mine Just AB. My design was made and developed using engineers and physics. Mine is two times larger. The materials i use are very different. The only thing that is the same to both is how the product is attach. Can i Patent this for Africa and Australia and launch the product to sell it or not? I am not interested in selling my product in Europe or USA, because i developed for areas like Africa and Australia. Many Thanks

Ata

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  • If you could give us the patent numbers, it would help us answer your questions.
    – Eric S ♦
    Aug 24, 2017 at 12:53

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Your question is difficult to parse so I'm assuming English is not your native language. I'm not a patent lawyer and rules vary by country. Also I can't assess the earlier patent art since you haven't provided patent numbers. What I can say is that in most of the world you need to file for a patent before you publicly disclose the invention. If you built a prototype and disclosed it in within the last two years, you will probably disqualify yourself from patenting the invention. If you have kept it secret, you may be able to file for patents, but patentability depends on prior art. Even though the prior art you found is not in your country, they still count as prior art and may keep you from obtaining a patent in Africa. Your best next step is to consult with an actual patent lawyer to assess the patentability of your device. There is really no way to get a sufficient answer posting vague questions on the internet.

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  • Thank you Eric, because i was developing the product to achieve much better results i never patented. But now i see these two product with utility patent, pct patent and patent pending, my question is if i can patent my product to be sold in Africa. Many thanks
    – Atahuallpa Mejia
    Aug 25, 2017 at 7:22
  • @AtahuallpaMejia My answer would be the same. It depends on the prior art. Even if those patents aren't in Africa, if they predate your application they can keep you from getting a patent. It depends on the content of those patents and what you want to patent.
    – Eric S ♦
    Aug 25, 2017 at 13:50

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