Can a product with a Canadian patent be copied in the U.S. without permission from the Canadian patent holder?
Since it's easier and faster to obtain a patent in Canada than in the U.S. where the pending backlog is 3 years behind, obtaining a patent in Canada may be more advantageous if the issued patent is respected and can't be violated in the U.S., hence my question.
Answer by WannaRideQuietly
Well, if SOMEONE can copy you, saturate the market, and be out of business, before you have time to serve up a lawsuit, they will!
File in the US too, so you have a leg to stand on! You don't have to wait 3 years. A patent pending usually discourages them...
Answer by jamesanderson
Get detailed answers to your questions from the World Intellectual Property Organization (WIPO). www.wipo.org/
If you only file in Canada you are only protected there. Most countries are signatories to the Patent Cooperation Treaty (http://www.wipo.int/pct/en/). You apply for a Canadian patent, then a PCT patent which will be good most anywhere that is civilized (except bad boys like China and some other Asian countries who dont seem to care about IP). The PCT also recognizes your first filing date as the country you first filed in. This is very cool and important.
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