Patents are territorial in nature and are issued by the national government of each country. Generally speaking, a Patent prevents anyone from making, using, or selling a product in the country where the Patent was issued. If I have a U.S. Patent for a new widget, no one can make, use, or sell the widget in the U.S. If someone makes the widget in China and markets the widget in the U.S., there is an infringement of my U.S. Patent. If someone makes, uses, and sells the widget in China, and the widget never enters the U.S., the U.S. Patent has NOT been infringed. A Chinese Patent would be needed to prevent this latter situation. Also, generally, speaking, to obtain foreign patent protection, the foreign Patent Application will need to be filed within one year of the filing date of the first U.S. Patent or Provisional Application for the widget. In the situation that you describe, since Canada and the U.S. share such a large border and are such good trading partners, your U.S. Patent may give you adequate protection in Canadian markets. It may be useful to seek the advice of Counsel and I hope that this helps.
Answered on Jun 22nd, 2015 at 5:13 PM