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Getting a US patent on a product with a Mexico patent
Posted by Anonymous . updated on 5/11/2010
Hi.
1. Can a product with only a Mexico patent be patented in the US by somebody other than the Mexico patent holder?
2. If #1 is yes and somebody else patents the product in the US, does the US patent holder of the product then gain an exclusive right in the US that would include preventing the Mexico patent holder from selling his product in the US if he later chose to do so?
Thank you.
Answers (1)
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Sanaa T...
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The advice offered on this forum is not a substitute for legal counsel.
A US Patent may only be awarded if the subject matter of the application is novel, utilitarian or aesthetic depending upon type of patent right sought and other criteria. As the product is already in existence regardless of the patent right, someone else would not be able to patent such invention already patented. The existing owner/ inventor must oppose such application if knowledge is known of it. Also manufacturer's contract may be awarded if the person decides to market such invention or product. The awarding of the manufacturer's contract is something the existing patent holder can do.
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