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WIPO has a patent search interface that covers PCT applications and many national databases, including Europe, Japan, Korea, Russia, many Latin American countries, and more. I think all currently-applicable patents in these countries are covered, and there is additional historical data for some countries, but some of them only index metadata and abstracts, ...


11

Unlike copyright, a patent is only valid in a country where it has been filed, accepted and registered. A US patent gives you an exclusive right to use your invention (including manufacturing a product using it and selling a product manufactured using it) in the US. It doesn't constrain someone who operates entirely outside the US. There are some groups of ...


11

The fundamental description of infringement is given in USC 35 section 271(a) as: "Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent."...


6

Your attorney will have to be admitted to practice before the USPTO (pass the patent bar) before he will be able to submit the patent on your behalf. Otherwise the US patent laws do not discriminate against foreign nationals filing on their own behalf. See generally: http://www.uspto.gov/web/offices/pac/doc/general/foreign.htm You can always hire a US ...


6

A brief answer is that the Paris Convention was an international agreement (dating back to the late 1800's) wherein participating countries respect the priority date of patents (and some other forms of IP as well) first filed in other participating countries. So an inventor filing a patent in America, for example, would have up to 12 months to file the ...


5

I suppose you mean that you have filed a patent application in UK (not granted yet) and want to seek protection in US as well. If such is the scenario, the reply is yes, there is a way out for a UK patent application to be recognized in US. In order, to have a patent in US for the same invention (that was filed in UK) one has to file a patent application in ...


5

The usual way to have a patent recognized outside your home country¹ is to make a PCT application. A majority of countries are PCT members (Taiwan is the most notable exception). The PCT application must be made within 12 months of the original UK application (in the general case, there are exceptions). Usually, at this stage, you have a preliminary report ...


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Try IP.com this is exactly what they do. U.S. Japanese, Chinese, European & Canadian; Patents, Applications, and Prior Art; in one free search.


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In Rozenblat v. Sandia Corp. 69 USPQ2d 1474 (7th Cir 2003), the Seventh Circuit held that an inventor's patent drawings may be protected by copyright. This case is frequently cited when addressing this question and usually has been interpreted to mean only that it is possible for a patent drawing to be protected by copyright. The U.S. Patent and Trademark ...


5

In short, yes. While the "corporate veil" protects an individual from personal liability in many instances, this isn't always the case when dealing with infringement of intellectual property. A few ways the director may be held personally responsible include: (1) The court pierces the corporate veil. If the company is undercapitalized, is used to commit ...


5

Regarding the first question - will I be able to do anything about it since I filed for a patent in US and Canada first? There is always scope for invalidating the patent granted in China. In order to invalidate the Chinese patent using your patent application, your application should have been published before the effective filing date of the Chinese patent....


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The Lens, started as Patent Lens 15 years ago, is open, free, no advertising (secure) and a public service. It searches in over 90+ jurisdictions and hosts 100M patent records. It is not just federated search, but comprehensive links, analysis, embedding and sharing of records, collections and annotations. It is run by a global social enterprise, Cambia ...


4

The holder of a valid US patent has two forums in which to assert its patent rights: Federal District Court and the International Trade Commission (ITC). In either forum, the court must have jurisdiction to try the case. Generally speaking, a Federal District Court needs some "hook" to assert jurisdiction over a party. In the circumstances you describe, ...


4

There are a few organizations out there whose goal it is to prevent some of the potential abuses you mention. You could get involved with those organizations by donating time and/or money. For example, see the following links: Electronic Frontier Foundation Public Patent Foundation Other organizations use crowdsourcing to uncover prior art, including the ...


4

To add to the previous answer of Dr. Falken with respect to the question whether others could file a patent application for the same invention in countries where you have not filed yourself the following should be noted. First of all your application will normally only publish 18 months after your filing (or, if applicable, your priority date). As Dr. Falken ...


4

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 ...


4

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 ...


4

Patents are jurisdiction specific. Hence any patent filed in the U.S will protect your invention only in the U.S. Different countries follow their respective law set forth to be taken into consideration for granting a patent. If you wish to seek patent protection for your invention in multiple countries then you can adopt the PCT (Patent Cooperation Treaty) ...


4

This is why the Patent Cooperation Treaty (PCT) exists. A patent application filed as PCT may be filed in other member states. There is a good overview of PCT filing here, and more authoritative information can be found at WIPO, especially in this overview figure. I strongly recommend finding a patent agent who can step you through this process.


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Yes, you can sell patented inventions in other countries. You just can't manufacture, import, distribute, or sell patented products in countries where the invention is patented. If the patent owner catches you doing any of those 4 deeds, the patent owner can get an injunction to stop you and sue you for lost profits. In some countries, the owner can sue you ...


4

Application The life cycle of a patent starts with the application. The inventor files this application with a patent office, for example the USPTO (US Patent and Trademark Office). This grants them the right to say "patent pending", but no enforceable protection rights. Everyone can file a patent application, containing basically everything (apart from ...


4

Important to add that patents are territorial rights. Patents with No US-N,NNN,NNN are US patents with effect only to the US. JP is for Japan, CA is for Canada, etc etc When you see WO-YYYY-NNNNNN this is a patent application filed and published via the World Intellectual Property Organization (WIPO). They never mature to patents. They are only used as a ...


3

Obtaining a patent in any given jurisdiction (US / EU / Japan etc.) will only secure you rights within the geographical limits of that jurisdiction. It has no immediate effect whatsoever anywhere else. However, a patent application filed in one place can be claimed as priority for an application elsewhere. For instance, you could file in the US and then ...


3

If a patent is global, how can a company like Apple defend their patents in one country but not in another? Currently, there are no global patents. Apple defends its patents in countries where those patents are granted. If a developer like me lives outside the US but a service I operate has code existing on servers in the US, can I be sued? In terms of ...


3

The US reviewer for this patent hasn't actually reviewed it yet - all he's done is issue a notice that the formalities are deficient. Until you see an office action on this one, you have no idea what the examiner is going to do with it. It's about due for an action, though - average pendency to first action is usually 2-3 years and this one is right around ...


3

Granted, enforceable patents are territorial limited. So a U.S. patent allows its owner to control the making, selling, using and importing into the U.S. In this case you are referencing an application that may or may not have resulted in one or more U.S. patents (looks like it hasn't as of March 2013). The inventor could have filed counterpart applications ...


3

Patents and patent applications are published with a two-letter code specifying the office that published it. Patents and patent applications with a EP code have been published by the European Patent Office while patents and patent applications with a national code (e.g. DE) have been published by the corresponding national office. Like any other office, ...


3

The PCT Applicant's Guide (National Phase) is the resource you are looking for. It contains a detailed guide on the WIPO Rules and Articles from the Applicant's perspective, and covers the time limits in detail, with pointers to information on exceptions for certain patent offices and explanations on how to address delays. From the table linked via the ...


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Check out the Wikipedia article on the Patent Cooperation Treaty (PCT). It includes search authorities from countries including China and Russia. Also, you can search Google Patents for patents from around the world which are often countries with different economic systems (China and Russia as major examples). Finally, Cooperative Patent Classification (...


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You have referred to a US patent (and application). This is only effective in the US, and therefore could not apply in other countries. In addition, by searching for the inventor's name at INPI, it appears that no related Brazilian patent exists. It therefore appears at first blush that this patent (or any equivalents) would not prevent you manufacturing ...


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