Asked in Patents (Intellectual Property)

Q: What countries are the patents allowed in?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Most countries have some sort of patent system. Some use a regional system so that several countries can share the cost of running a patent system.

There is a front end for 153 patent systems run by WIPO (World Intellectual Property Organization) See the list of countries here https://www.wipo.int/pct/en/pct_contracting_states.html . Filing a patent application in this system called a PCT application is not an "international patent" but it does preserve rights for you to continue into the 153 different countries that participate in the PCT process (including the United States).

A United States Patent Applies to the United States.

A United States Patent applies to actions in the United States. So making a product in China and importing to the US would be covered. Also making a product in the US and exporting to Canada would be covered.

However, a product made in China could be sold into Canada as long as it does not pass through the US on the way to Canada.

Many companies seek patents in other countries that match the patent that they have in their home country.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at

https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

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