International Patent Protection
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A U.S. Patent protects an invention only within the United States and its territories. If an invention is to be protected in other countries, a patent must be obtained in each desired country. Foreign patent protection may be obtained in one of two ways: direct filing in countries of interest or filing a patent application under the Patent Cooperation Treaty. Direct FilingDirect filing may be appropriate if the client knows in exactly which countries the product will be made or sold. Attorneys or agents in those countries are retained to file the patent application in their respective countries and to handle the resulting patenting process. The efforts of the foreign attorneys are coordinated by the U.S. patent agent or attorney. The Patent Cooperation TreatyA PCT patent application filing may be appropriate if the precise countries in which the product will be made or sold are unknown at the time of filing. A PCT patent application reserves the right to pursue patent protection in nearly every industrialized country in the world, and provides certain other advantages, such as a delay of up to 30 months before the final decision of where to patent must be made. Pursuing international patent protection can be one of the costliest aspects of obtaining patent protection. There are significant upfront costs, including the cost of translating the patent application from English to the local language and of filing the patent application in the various foreign patent offices. Additionally, costs continue to accrue over the lifetime of the patent, as myriad official fees and professional service fees must be paid. Those interested in international patent protection should be sure that foreign protection is warranted, and should be prepared to sacrifice a substantial sum in the pursuit of that protection. All contents copyright Andrew McAleavey. This website is for informational purposes only and should not be considered legal advice. Read the disclaimer. |