Intellectual Property Law
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Answered in 2 hours by:
12/15/2014
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
VerifiedOne cannot transfer the patent to the US but one can file a new application in the US and claim priority to the Canadian patent - if you filed less than a year ago.
When was the Canadian patent filed.
When was the Canadian patent filed.
OK, you did not file a PCT for if you did you would know about the costs. Expensive.
I should have read your original post a little more carefully. You indicated you have a Canadian "Patent" and I believe I mistakenly thought you said "patent application".
If a Canadian patent has issued you will not be able to get a patent on the same device in the US.
35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.
a) NOVELTY; PRIOR ART.--A person shall be entitled to a patent unless--
(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or . . .
You patent application was filed or issued in 2012. That is more than a year in the past so no US patent can be obtain on the CLAIMED invention by anyone.
Now if you can make non-obvious changes to the invention you can file an US application on the new part of the invention. Such is about the best you can do at this point.
If you have any further questions, please ask.
I should have read your original post a little more carefully. You indicated you have a Canadian "Patent" and I believe I mistakenly thought you said "patent application".
If a Canadian patent has issued you will not be able to get a patent on the same device in the US.
35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.
a) NOVELTY; PRIOR ART.--A person shall be entitled to a patent unless--
(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or . . .
You patent application was filed or issued in 2012. That is more than a year in the past so no US patent can be obtain on the CLAIMED invention by anyone.
Now if you can make non-obvious changes to the invention you can file an US application on the new part of the invention. Such is about the best you can do at this point.
If you have any further questions, please ask.
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
Verifiedmontysimmons and 87 other Intellectual Property Law Specialists are ready to help you
Customer replied 8 years ago
Thank you for the information. 
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