So why file your patent application in other countries? Because the US patent will give you a monopoly in only the US and not anywhere. So in order to get protection for your invention you must file in each country where you plan to launch the product. But this process can be very complicated, expensive, and time consuming.
The most important thing to note about foreign filing is the International Convention for the Protection of Industrial Property. Or people in the patent industry just call it "Paris Convention". This treaty was initially started in 1883 and has been augmented and revised countless times since then. What this convention means for inventors is basically the following: If you file a patent application (PPA or normal) in any of the countries that signed the treaty then you can file a corresponding application in any other country on that list within one year of your earliest filing date. Your application in the new countries will show the original date of filing for your very first application filed. This especially helps in situations of prior art. Once you miss the one year deadline, any foreign apps filed won't be entitled to the original application date.
The European Patent Office (EPO) is another important entity to know. It grew out of the European Union and services those same countries. Members of the EU are also covered under the European Patent Convention (EPC). Under this agreement, one patent filing with the EPO will be covered in every country you select within the EU when first filing for the patent.
Lastly (for purposes of this blog), there is the Patent Cooperation Treaty (PCT). Under this treaty which was entered into in 1978, US residents can file a patent with the USPTO and make a single international filing with the USPTO within a year of the original filing date. This will cover all of the PCT jurisdictions including the EPC.
However, there are always Non-Convention Countries that aren't party to any treaties. But filing patents in these countries are similar to any patent application. This time however, you won't have the benefit of entitling your application to your first application date to establish prior art. In addition, each country will of course need to be filed for separately. Extremely time consuming work!
Resource was this book. Chp 12
The most important thing to note about foreign filing is the International Convention for the Protection of Industrial Property. Or people in the patent industry just call it "Paris Convention". This treaty was initially started in 1883 and has been augmented and revised countless times since then. What this convention means for inventors is basically the following: If you file a patent application (PPA or normal) in any of the countries that signed the treaty then you can file a corresponding application in any other country on that list within one year of your earliest filing date. Your application in the new countries will show the original date of filing for your very first application filed. This especially helps in situations of prior art. Once you miss the one year deadline, any foreign apps filed won't be entitled to the original application date.
The European Patent Office (EPO) is another important entity to know. It grew out of the European Union and services those same countries. Members of the EU are also covered under the European Patent Convention (EPC). Under this agreement, one patent filing with the EPO will be covered in every country you select within the EU when first filing for the patent.
Lastly (for purposes of this blog), there is the Patent Cooperation Treaty (PCT). Under this treaty which was entered into in 1978, US residents can file a patent with the USPTO and make a single international filing with the USPTO within a year of the original filing date. This will cover all of the PCT jurisdictions including the EPC.
However, there are always Non-Convention Countries that aren't party to any treaties. But filing patents in these countries are similar to any patent application. This time however, you won't have the benefit of entitling your application to your first application date to establish prior art. In addition, each country will of course need to be filed for separately. Extremely time consuming work!
Resource was this book. Chp 12
I'm surprised, that given how much our society has grown to be globally connected, a more effective system of filing patents across the board isn't in place. It seems so unnecessary that there are multiple treaties that determine the multiple timelines and different countries that accept. This only complicates the process further and provides a foundation for international litigations to get even more messy. No wonder large companies spend so much money on patent cases around the world!
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