Q: If a patent exists in the unites states, is that patent active in Canada?

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

A: A patent only applies to the country that issued the patent. (There are a few regional patent system but none that include the United States and Canada so we will ignore that nuance right now).

A US patent would apply to items made in the US and exported into Canada or to items made in Canada once they are imported into the US. But a US patent would not apply to something made in Canada and used in Canada.

It is common for a company to get a set of patents for an idea with some patents in the US and some patents in other countries such as Canada. So while the US patent may not apply in Canada, that does not mean that there is not a patent owned by the same patent owner that is a Canadian patent.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: Short answer may be NO.

As indicated if the patent was also granted in the USA then it changes as patents are territorial only.

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