Patent protection per country

2017-10-31T13:17:09Z

If I provisionally patent an invention in 1 country(USA) and then develop and take to market in that country and others, before patenting within 1 year, can someone copy the invention and take it to market in another country without worrying about any consequences of infringement?

Answer by DukeZhou for Patent protection per country

2017-10-31T20:22:34Z

The provisional patent shouldn't become a part of the public domain unless you publish it (at least for the USPTO, provisional applications are not published, and non-provisional applications are not published until ~18 months after the initial submission, which includes the provisional.)
Provisional applications and pre-grant nonprovisionals only confer the "Patent Pending" status. Violating a patent pending is not technically infringement b/c the patent may not receive a grant. However, if the application does receive a grant, and the "patent pending" was listed along with the description or product of the invention, it does become infringement and damages may be sought retroactively under certain circumstances.

Note: You will have to file a non-provisional application in each region or country you plan to seek protection. You won't have protection in regions where you don't file an application.

Patent protection per country - Ask Patents

Patent protection per country

Answer by DukeZhou for Patent protection per country