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I have an Invention ... Now What?
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   Protection in foreign territories?
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   Author  Topic: Protection in foreign territories?  (Read 405 times)
kylestephen
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Protection in foreign territories?
« on: Nov 21st, 2007, 4:27pm »
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In developing a lengthy product plan for an invention I soon intend to seek apt cousel for in the ways of patentability -- the possibility of, and thereon -- I've since recongnized a possible (or what I hope to be) relevance of my burgeoning product to a very specific company headquartered in Canada to whom, if interested in a licensing agreement down the road, may befefit from my improvement/enhancement of an already ubiquitous telecom product they produce. My question is this: as a US citizen filing with the USPTO, would I be legally protected against infringement by this company should they steal it, basically?... Would my patent be enforceable in foreign territories such as Canada?.. Should I just seek cousel? Smiley
Sorry if I've wasted anyone's time... I hate to jump the gun & throw every egg into a single basket, but I guess I am looking to understand how enforceable patents filed in the US are with respect to companies with more muscle beyond our borders before exercising research to find a suitable US IP eagle... Regards.
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CriterionD
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Re: Protection in foreign territories?
« Reply #1 on: Nov 23rd, 2007, 4:21pm »
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Your US patent wouldn't be enforceable in Canada, but that doesn't mean the Canadian company could infringe.  Your US patent would give rights inside the United States - meaning for example the Canadian company could not market a product utilizing your patented invention in the United States without infringing on your patent.  
 
Whether or not Canadian patent protection makes sense for you depends largely on how much of the market for this company's product lies in Canada.  
 
If referring to RIM, for example, they are HQ'd in Canada, but as far as the Blackberry's concerned, I would imagine that the US market is a bigger concern to them than the Canadian market.  Although, they generally seek to obtain patent protection in Canada and other foreign countries as well for most of their products.
 
You may be interested in reading up on the Patent Cooperation Treaty,  
 
http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty
« Last Edit: Nov 23rd, 2007, 4:23pm by CriterionD » IP Logged

www.criteriondynamics.com
kylestephen
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Re: Protection in foreign territories?
« Reply #2 on: Nov 23rd, 2007, 6:21pm »
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well advised. thank you sincerely. am currently in the process of contacting IP firms/lawyers that can specifically handle the applicable needs of my product once disclosed. cheers.
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