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Business & incomeExperience excerpt · English

So, I recently learned about this from my company's patent lawyers

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.

Original discussionA 25-year-old video patent just expired, ending a legal headache for Linux179 source comments · at import
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CE

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_internation...

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JA

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.

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TE

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.

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CE

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

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