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Regarding "if the Canadian guy's patent is rejected, can I try", I assume you mean "can I try to patent it". The answer is no, insofar as what you want to patent is contained in (or obvious in light of) his patent application. You can only get a patent for something that is new, not something that is already in public knowledge (e.g. published for all to ...


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A pending patent application does not provide the owner with any enforceable exclusionary rights to stop others from making, using, offering for sale, selling or importing the claimed invention. So, you cannot be sued for infringement until a patent issues, if ever. When a patent application is laid open (published) in Canada, the prosecution history (the ...


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What is this Formal Patent Search of Classification? I haven't been able to find any information on it online. Does it differ from a preliminary patent search (as explained on the CIPO website) in any meaningful way? A patent classification is a system to categorize (code) documents, such as published patent applications, according to the technical ...


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To add to George White's answer, the cited US patent should expire in the US as of April 19, 2021. According to Google Patents, the Canadian application CA2444353C should it get approved would expire about a year later on April 11, 2022. Once a patent expires, it is no longer a concern from an infringement aspect. This doesn't mean other, more recent patents ...


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There is a corresponding Canadian application CA2444353A1 HAND-HELD FOOD PROCESSOR. Patents are territorial and no "international license" of the U.S. patent would be relevant in Canada. The application above is not not granted as a patent as of 11/16/2020.


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1a - Patent improved version in Canada ? Yes if the improvement is novel (never done before anywhere) and has an inventive step = meaning the improvement is not considered obvious in light of everything that has ever been on in the field or an analogous field. "Significant" isn't really a patent law concept. It might be a small improvement with a small ...


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With few exceptions, patents apply only to activities within the borders of the countries that issue them. Therefore, generally, a US patent has no effect on use of the patented invention in Canada. The user would have no liability for infringement. In 2018 the US Supreme Court, in the case of WesternGeco v ION Geophysical Corp, 138 S.Ct. 2129 (2018), said ...


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You can send information about "2013-11-04: They filed a Pakistani application" to PCT International Bureau via https://pct.wipo.int/LoginForms/epct.jsp PCT international bureau may consider the reference and may issue negative evaluation in international search report, but it is not binding to countries specified at PCT application. In order to "reject" ...


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