Q: Is the patent still valid and can someone build this system outside USA?
A:
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. So it is possible that there are similar patents on this product in other countries. You can sometimes find related patents by looking for details on patent families in a system like Patentscope at WIPO. But this is not foolproof as there may have been parallel filings which might not show up as family members. Best bet is to ask a patent attorney in the country of interest to see if there is an analogous patent. The patent attorney can look by title, inventor, assignee, and use other tricks.
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
A:
The question of whether a patent is valid can be a little more involved than expected -- depending. Generally, a utility patent is active for 20 years after the patent was filed. There are exceptions, which include: term adjustments or extensions; terminal disclaimers; an effective filing date from previous application; or lack of payment of maintenance fees.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
