QUESTION

Will my patent be internationally protected? How?

Asked on May 04th, 2015 on Patents - Nebraska
More details to this question:
If I file a patent for a product that I have been developing, will this give me international protection?
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5 ANSWERS

Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
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By international treaty, the applicant has "PATENT PENDING" status worldwide for 12 months after the initial Patent/Provisional Application is filed in the U.S. Patent Office. It is unreasonable to expect even the largest companies to file a Patent Application worldwide out-of-the-gate. For the first 12 months after the filing of the first Patent Application, you will have "PATENT PENDING status globally. You cannot sue someone for infringing a pending Patent Application, but you will have a filing date for your Patent Application globally. To sue someone for Patent Infringement, the Patent owner needs to wait for the Patent Application to issue. For example, if you file a U.S. Patent Application on January 1, 2015, you have PATENT PENDING status worldwide if that is the first Application filed. If on September 1, 2015, you file a Patent Application in Canada for the same invention and reference the U.S. Patent Application, the Canadian Patent Application will have a filing date of January 1, 2015. I hope that this helps.
Answered on Sep 09th, 2015 at 2:12 PM

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To obtain international protection, it is usually necessary to obtain a patent in each of the jurisdictions you are concerned about. Most (but not all) of the major jurisdictions are a part to the Patent Cooperation Treaty (PCT). You can file a PCT application within 1 year of the priority date claimed by a US application. If the PCT is allowed, it will ultimately provide the right to file in each of the treaty jurisdictions (e.g. European Union, China, Korea, Japan, .......). However it will still be necessary to file separate applications in the respective jurisdictions of interest (and pay all of the associated costs and fees).
Answered on May 05th, 2015 at 12:19 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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No. US patents only protect your invention in the USA. Almost every country has a patent system - and protection is local to that country. There are some groups of countries for application processing - for example the European patent office - but protection at this time is still country specific. Foreign patents are typically much more expensive than US Patents. Good Luck.
Answered on May 05th, 2015 at 7:22 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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Patents will only protect you in the countries in which you file them.
Answered on May 04th, 2015 at 5:23 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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No, there is not an international patent . . . yet. You have to file in each country you intend to distribute your invention. However, several countries are moving toward requiring searches of all major countries for similar inventions before granting a patent in the individual country.
Answered on May 04th, 2015 at 5:17 PM

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