Asked in Patents (Intellectual Property)

Q: Patent law - if a patent was filed in 2021 in the US only, can I, a Canadian, create a similar product in Canada only?

Only want to create the product in Canada. Worried about future patents / liability.

1 Lawyer Answer
Stephen E. Zweig
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  • Patents Lawyer
  • Los Gatos, CA

A: You would need to check to see if the US patent holder also filed for any international patents. For example, the US patent holder might have filed a PCT patent application in 2021 or 2022, and have reserved the right to then file into Canada at a later time.

Even if this particular US patent is accounted for, there may be other Canadian patents to worry about as well.

However eventually, if there is nothing equivalent in Canada, it may be safe to create and market a product in Canada, or perhaps even in other countries, but you won't be able to sell it in the US.

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