QUESTION
Do U.S patents apply to products created in Canada?
Asked on Mar 18th, 2015 on Intellectual Property - California
More details to this question:
I have created a product and have now learned there is a "patent pending" on a similar product in the U.S. There is no Canadian/International patent. Where or how can I sell my product without infringing? Can i sell online? Can I sell through U.S. distribution channels and dropship from Canada?
1 ANSWER
It doesn't matter how the product comes into the U.S., once it arrives here, if it is within the scope of a U.S. patent, the patent is infringed by the product and the patent owner can take legal action against both you and the purchaser. In fact, simply offering to sell the product in the U.S. will be an infringment of the patent. However, until the patent issues, no action can be taken against you. Merely having a patent application on file gives no actionable rights to the applicant until a patent is granted.
Answered on Mar 19th, 2015 at 12:21 PM