Re: Patent

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Posted by M. Arthur Auslander on November 26, 1999 at 04:00:18:

In Reply to: Patent posted by Heidi on November 24, 1999 at 17:50:21:

: If someone is making something in another country and probably have a patent on it there, and I was to make something simular in the US could I get a patent in this country or would there patent cover the US?????
Patents are national in each country. There are treaties that grant priority to file. usually within a year in other countries. If there is no US patent that covers what you do, you are free to do what you want in the US. Only the inventor can get a patent in the US. There are other concerns based on each fact situation.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

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Comments:
: : If someone is making something in another country and probably have a patent on it there, and I was to make something simular in the US could I get a patent in this country or would there patent cover the US????? : Patents are national in each country. There are treaties that grant priority to file. usually within a year in other countries. If there is no US patent that covers what you do, you are free to do what you want in the US. Only the inventor can get a patent in the US. There are other concerns based on each fact situation. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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