7 ms·

Presumably it's an "international patent" filed in Brazil. You don't have to file your patent in every jurisdiction. There have been treaties for recognising e

by Certhas 29d ago

Presumably it's an "international patent" filed in Brazil. You don't have to file your patent in every jurisdiction. There have been treaties for recognising each others intellectual property rights since the late 19th century and Brazil has been part of these from the start. https://en.wikipedia.org/wiki/List_of_parties_to_international_patent_treaties https://en.wikipedia.org/wiki/List_of_parties_to_internation...

goodcanadian 29d ago
So, I recently learned about this from my company's patent lawyers. Patents only give protection in countries where they are filed. So, you can not create a product in Brazil that violates a Brazilian patent. And, you cannot import a product into Brazil that violates that patent. But, there is nothing stopping you from making that product in the US and selling it to Americans. The whole treaty business essentially means that most countries have roughly equivalent laws and you can file the same patent in multiple countries if you are willing to pay the fees. What countries you pay to file in then becomes a commercial decision.
- jambalaya8 29d ago
  By your company's patent lawyers' logic then, any American drug or technical doodad patented in America is totally legal to be knocked off in Majarashtra or Taiwan or Guangzhong. Pretty sure if you tried pulling this you would be disappointed with the outcome. Not that it is not done (obviously), but that it (pretty sure) isn't legal.
  - goodcanadian 29d ago
    If it hasn't also been patented in India or Taiwan or China, that is 100% correct (but they can't ship it to the US). However, it would be typical to patent in all of those countries at the same time. I'm going to trust a patent lawyer over someone on the internet. And so should you, if this situation applies to you, don't trust me: get a lawyer.
- technothrasher 29d ago
  You are talking about the Paris Convention. The parent poster was talking about the Patent Law Treaty. The Paris Convention made it easier to file in other member countries after filing in your home country, but you still have to file in each country you wish to be covered in. The much newer Patent Law Treaty allows for "international" patents, which only need to be filed once to be applicable in all member countries.
  - goodcanadian 29d ago
    As I understand it (and IANAL), an international patent makes it a lot easier to file in multiple countries (single application as you say), but you still have to pay the fee to each country you want protection in.
- Certhas 28d ago
  I didn't realize that, thanks! After looking at Wikipedia for a bit it seems there are two phases under the PCT, an international phase that is sort of like the main part of a patent application, and then the national phase that actually creates the patents in each region/nation based on the first phase. The first phase is like what I had in mind: You file once in one country but the results of this filing apply everywhere. So as I understand it you don't have to do the full process everywhere, but you have to actively register everywhere where you want protections. And there is no automatism to the second step(?) https://www.wipo.int/en/web/pct-system/faqs/faqs https://www.wipo.int/en/web/pct-system/faqs/faqs

by Certhas 29d ago

goodcanadian 29d ago

So, I recently learned about this from my company's patent lawyers. Patents only give protection in countries where they are filed. So, you can not create a product in Brazil that violates a Brazilian patent. And, you cannot import a product into Brazil that violates that patent. But, there is nothing stopping you from making that product in the US and selling it to Americans. The whole treaty business essentially means that most countries have roughly equivalent laws and you can file the same patent in multiple countries if you are willing to pay the fees. What countries you pay to file in then becomes a commercial decision.

jambalaya8 29d ago
By your company's patent lawyers' logic then, any American drug or technical doodad patented in America is totally legal to be knocked off in Majarashtra or Taiwan or Guangzhong. Pretty sure if you tried pulling this you would be disappointed with the outcome. Not that it is not done (obviously), but that it (pretty sure) isn't legal.
- goodcanadian 29d ago
  If it hasn't also been patented in India or Taiwan or China, that is 100% correct (but they can't ship it to the US). However, it would be typical to patent in all of those countries at the same time. I'm going to trust a patent lawyer over someone on the internet. And so should you, if this situation applies to you, don't trust me: get a lawyer.
technothrasher 29d ago
You are talking about the Paris Convention. The parent poster was talking about the Patent Law Treaty. The Paris Convention made it easier to file in other member countries after filing in your home country, but you still have to file in each country you wish to be covered in. The much newer Patent Law Treaty allows for "international" patents, which only need to be filed once to be applicable in all member countries.
- goodcanadian 29d ago
  As I understand it (and IANAL), an international patent makes it a lot easier to file in multiple countries (single application as you say), but you still have to pay the fee to each country you want protection in.
Certhas 28d ago
I didn't realize that, thanks! After looking at Wikipedia for a bit it seems there are two phases under the PCT, an international phase that is sort of like the main part of a patent application, and then the national phase that actually creates the patents in each region/nation based on the first phase. The first phase is like what I had in mind: You file once in one country but the results of this filing apply everywhere. So as I understand it you don't have to do the full process everywhere, but you have to actively register everywhere where you want protections. And there is no automatism to the second step(?) https://www.wipo.int/en/web/pct-system/faqs/faqs https://www.wipo.int/en/web/pct-system/faqs/faqs