Asked in Patents (Intellectual Property)

Q: Is ultra pro patent right for the USA or all of North America? Whats the law about change the design of a top loader?

2 Lawyer Answers
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: There is not a regional patent for North America. One can obtain a patent in the United States, and separate patents in Canada and Mexico. The patent examiners in the three states negotiate the terms of the patent claims independently with the invention owner and thus the final outcome may lead to slightly different scopes of coverage in the three countries.

A United States patent would cover a product made in the US and shipped to Canada or a product made in Mexico and shipped to the US. A US patent would not cover a product made in Canada and shipped to Mexico if the product never came into the United States.

I hope that this helps.

Kevin E Flynn

Kathryn Perales agrees with this answer

John B. Hudak
John B. Hudak
Answered

A: Any new and useful improvement can be patented – considering other issues such as the improvement is not obvious. When looking at patents, determine if the patent is active – this will change the analysis of how to go forward.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.

Kathryn Perales agrees with this answer

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