File patent in US protection in Canada?

[pattern39]

Why are there patent filing offices in the US and Canada (and pretty much everywhere else in the world)?

If someone holds a US patent, can they successfully sue for the same business performed solely in Canada?

How about if someone holds a Canadian patent, can they claim intellectual ownership in the US as well without filing with the US?

I've always thought that copyright is international and trademarks are regional. But, is a patent regional as well?

[dummjock]

Patents are country specific. Thus a Canadian patent is generally* only enforceable in Canada, and a US patent is generally* only enforceable in the US. If you want protection in both countries, you need to obtain a patent in both countries. Same goes for other countries.

There are International PCT Patent Applications. However, these applications must be filed in individual countries before obtaining an issued patent.

There are also Regional patents, such a European patent. However, you need to validate the regional patent in individual countries and pay fees to maintain the regional patent in each country.

* I say a patent is "generally" enforceable in the country specified because there are some limited exceptions, such as rights for importing and exporting products and services.

You should contact a qualified patent agent or lawyer if you have any further questions.

[pattern39]

Okay, next question is... What if Facebook started in Canada, but there's already a US patent on a Facebook prototype. Can Facebook "expand" to the US (get Americans to sign up) while physically has its business registration and headquarter in Canada? Does this expansion south of the border constitute US patent infringement?

[xserverfd]

Okay, next question is... What if Facebook started in Canada, but there's already a US patent on a Facebook prototype. Can Facebook "expand" to the US (get Americans to sign up) while physically has its business registration and headquarter in Canada? Does this expansion south of the border constitute US patent infringement?

Kind of a bad example to use since a social network can't technically be patented nor can most things of that nature. There's no yes or no answer but it would not be wise for "Facebook" to intentionally market themselves to Americans if they would be infringing. Case by case basis, and hard to relate to this scenario...

[dummjock]

The situation you have mentioned is actually very similar to one of the exceptions to the general rule that a patent is only enforceable in the specified country. The RIM v. NTP case from a few years ago is a great example of this.

Also - Aspects of a computerized social network may be patentable. Again, you need to contact a patent professional.

[flafson]

There is no easy solution when it comes to protection. Any lawyer would tell you that attacking someone in another country with another rules makes it very expensive which in turn makes it a good defense, unless someone has very deep pockets to go after you.