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Re: Patent something created in another country[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by M. Arthur Auslander on September 21, 2001 at 00:04:18: In Reply to: Patent something created in another country posted by Dave Martins on September 20, 2001 at 14:37:09: : I have this question that has been following my thoughts for the past month. I found a great product/gadget here in US and I know that this is not present in many, many countries. And the status of this product says PATENT PENDING. Could I take this product into another country, start a patent and begin dealing the gadget? or What kind of problem would I be involved if I'd do so? Dear Mr. Martins, Without facts and law you are slashing at a behive."Patent Pending" is contructive notice of infringment once the patent issues. Then infringment is based on the scope of the claims.If the claims are "good", copying is big trouble. In many instances the same end result may be obtained without infringement. If you know what you are doing. There are patent treaties around the world to give priority to world rights. In the US ONLY the inventor can apply for patent, assigned patents are still applied for in the name of the inventor. If no treaty applications have been filed you may be able to used the invention in other counties, importation then could be an infringement.
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