How could I determine if a US patent is also protected in Canada? 3 Answers as of August 21, 2015

1) If a patent has been registered in the US, how can I determine, from the patent doc, if it is protected in Canada? If not, where should I go? 2) Is it possible to patent an incremental add on to a current patent, if this current patent has not claimed what is being considered for add-on?3) If a number of claims are made for a patent, is it considered infringement ONLY if all claims are violated, just 1 claim, or how many?

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Banner & Witcoff, Ltd. | Ernie Linek
Many questions - many answers: The US Patent document cannot tell you where else the case was filed. To search in Canada, you can visit the Canadian Intellectual Property Office website - You can also search at the European Patent Office website - and see what other countries the US Patent was filed in. Improvement inventions (your "add-on") might be patentable. Section 101 of the Patent Law says: 35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. However, the new invention must not be obvious to persons having ordinary skill in the field of the invention. If the add-on is a simple change that everyone knew could be done - it is likely an obvious change - and it will not be patentable. Finally, infringement of any claim in a patent is enough. Do not copy! Make your invention different.
Answer Applies to: Massachusetts
Replied: 8/21/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Check the Canadian patent office registry you can find it with a search engine such as Google. Or contact the owner of the U.S. patent and ask if the invention has also been patented in any other county. Patent infringement involves impermissible use of one or more of the claims of the invention. You may be able to patent an incremental add-on if it does not impact the patented invention itself and if it is not an obvious idea.
Answer Applies to: Nebraska
Replied: 8/20/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You can either perform a search in the Canada patent office, or the US patent should show related international applications / patents. Most patents are improvements on prior inventions. You might be able to obtain a patent on the improvement if the improvement is novel and not obvious. Infringement on at least one claim is infringement. You don't need to infringe on all of the claims.
Answer Applies to: California
Replied: 8/20/2015
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