Legal Question in Intellectual Property in Canada

Patent pending

Can I create, produce, and sell a product if a similar product is available but it has a patent pending?


Asked on 4/01/07, 8:56 pm

1 Answer from Attorneys

Robert Brouillette Brouillette & Partners

Re: Patent pending

Patents, once issued, have a retroactive effect to the date of publication of the application which occurs 18 months after the date of filing.

Therefor, it depends on your specific situation.

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Answered on 4/02/07, 7:13 pm


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