Are patents applicable worldwide? How? 8 Answers as of June 23, 2015

I am currently in the US, but I travel a lot and am considering a move to Canada in the next few months. I have a patent on a product I have developed. Will I need to do anything differently with my patent since I will no longer be living in the US, or will my patent be applicable worldwide?

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Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Your patent is valid and enforceable only in the U.S. regardless of where you reside. Your product can be manufactured in Canada or anywhere else in the world for that matter without your permission, but if sold in the U.S. you can sue them for patent infringement in the U.S. not Canada.
Answer Applies to: California
Replied: 6/23/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Patents are only applicable in the county that issues the patent. However, there are some treaties that require the signatories to acknowledge and protect IP registered in other countries.
Answer Applies to: Nebraska
Replied: 6/23/2015
Banner & Witcoff, Ltd. | Ernie Linek
Patents are local only - each country has its own patent system. Your US patent protects your invention only in the USA. If you have no Canadian patent - anyone can practice your invention in that country. GOOD LUCK!
Answer Applies to: Massachusetts
Replied: 6/23/2015
Webb IP Law Group
Webb IP Law Group | Jason P Webb
Patents are valid only in the countries in which they are registered.
Answer Applies to: Utah
Replied: 6/23/2015
Microtechnology Law & Analysis | Daniel Flamm
Generally, a US patent will only apply to goods made or imported into the US. As to a method claim, a US patent will control practice of the method in the US or goods imported into the US which are made using the claimed method.
Answer Applies to: California
Replied: 6/23/2015
    Eminent IP, P.C.
    Eminent IP, P.C. | Paul C. Oestreich
    Patents are geographically limited to the countries in which they are obtained. So, your US patent gives you patent rights in the US alone and nowhere else. If you move to Canada, you still have the right to exclude others from making, using, or selling any product or service covered by one or more of your patent claims, but only in the US, not in Canada or wherever you decide to live. Of course, it want your patent to remain enforceable through its entire patent term (20 years from filing date), you will have to pay maintenance fees at specific times during the life of your patent. As always, you are well advised to seek the advice of patent counsel to answer any specific questions you may have about your particular patent rights.
    Answer Applies to: Utah
    Replied: 6/23/2015
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    Patents can be applicable (nearly) worldwide IF you file in each country. Generally a patent gives the patent owner the right to exclude others from the making, use or sale within the country where the patent is issued and valid. You must file for a PCT application or for a patent application in other countries within the first year that it is patent pending. Based upon your question it appears that your patent will still be valid within the US (even if you move) but it will not be enforceable in Canada unless you filed in Canada within the year. You should discuss the specific right of your specific patent with a licensed patent attorney or patent agent in the US or in Canada to determine how it applies to your patent (or pending application).
    Answer Applies to: California
    Replied: 6/23/2015
    Gerald R. Black, Esq.
    Gerald R. Black, Esq. | Gerald R. Black
    Patents are territorial in nature and are issued by the national government of each country. Generally speaking, a Patent prevents anyone from making, using, or selling a product in the country where the Patent was issued. If I have a U.S. Patent for a new widget, no one can make, use, or sell the widget in the U.S. If someone makes the widget in China and markets the widget in the U.S., there is an infringement of my U.S. Patent. If someone makes, uses, and sells the widget in China, and the widget never enters the U.S., the U.S. Patent has NOT been infringed. A Chinese Patent would be needed to prevent this latter situation. Also, generally, speaking, to obtain foreign patent protection, the foreign Patent Application will need to be filed within one year of the filing date of the first U.S. Patent or Provisional Application for the widget. In the situation that you describe, since Canada and the U.S. share such a large border and are such good trading partners, your U.S. Patent may give you adequate protection in Canadian markets. It may be useful to seek the advice of Counsel and I hope that this helps.
    Answer Applies to: Michigan
    Replied: 6/22/2015
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