If a product has US patent, can it be sold in Canada freely if the product does NOT have Canadian Patent?
By Yahoo User • Category: Patents in CanadaI have done the on web search for Canadian patent on this product and came up with no patent matching the product; is this suficient to say the product does not have Canadian patent? Or shall I engage a patent lawyer to do a legal search? thank.
you need to get a world patent and yes get a patent lawyer
You need a lawyer or an agent to do a search. There are some archives in Canada which aren’t available online, but may bar you anyway. A professional would be in the best position to determine that for you.
You have several questions that are best handled by a competent legal provider. The following comments are offered as friendly advice to help as input into a discussion you may have with your attorney.You have three questions here. The first is about selling in Canada if it is not patented there. The answer is probably yes, given that the product is otherwise okay to sell, you can sell the product if there is not a patent. One thing to note is that if there is a patent in the US, you cannot make the product in the US or export the product from the US, or even contract in the US to sell the product to a Canadian consumer (even if the product never touched US soil) without infringement of the patent. SO if you are looking to sell in Canada, you best make the product, market the product and execute the sales agreement there or in another country where there is no patent.The next question is regarding searching for patents. I will tell you that interpreting a patent and its coverage is a highly specialized skill and it is best to consult a professional. If you want to do a preliminary search your self (it sounds as if you have), it will only give you and idea, but should NEVER be considered exhaustive of the problem. You can get searches done for fairly reasonable costs, but beware that you may get what you pay for if you go with a quick cheap solution. Finally, understand that a search is merely part of a risk analysis discovery process. Even if there is a search, it can not be a guarantee there is no patent that may cover the product. A patent can cover many aspects of the product including its components, packaging, design and even method of operation or manufacture. If a patent even covers one small component or aspect of the product, it may cause you to have to obtain a license before you can sell the product without infringement. This is not to say, you cannot proceed with a business plan, but understand there is always some level of risk.