INTERNATIONAL PATENT PROTECTION
International protection of your idea or invention is important to consider in the global economy.
Almost every country in the world recognizes some type of patent protection, although only a small subset allow for protection as extensive as can be obtained in the United States. Nonetheless, non-US patents can be extraordinarily valuable.
International patent protection can be extremely valuable; for example, Chinese Courts have recently granted verdicts of $48 million and $7.4 million. However, international patent protection can also be extremely expensive – the cost of the translations required to obtain protection around the world for a simple invention can be $100,000 or more.
We recommend that our clients take a targeted approach to obtaining patents outside of the United States, and, in many cases, delay their expenditures for international patent protection as long as possible. For example, for example, most countries are are signatories to the Patent Cooperation Treaty (“PCT”), and filing a PCT application within one year of your filing (generally on the last possible day), grants an additional eighteen months to choose which countries you wish to pursue patent protection in. Accordingly, filing a PCT application grants you thirty (30) months to assess the value of the invention prior to having to file national applications. Notably, Argentina, Taiwan, Saudi Arabia and Iran are not signatories of the PCT.
When the time comes to file national applications, decisions will have to be made in which nations to file. In addition, certain international treaties effectively allow for the filing of a single application that applies to a number of countries. For example, filing an application in accordance with the European Patent Convention (EPC) will result in a single examination before the European Patent Office (EPO). When the EPO approves the application, however, national patents in all designated states will be issued on payment of the appropriate issue fees. This can be far less costly than pursuing separate patents in all European countries.
There are a number of other such organizations, each of which has different member states, and operates according to different rules. Below is a partial list:
1. The African Regional Intellectual Property Organization
2. Organisation Africaine de la Propriété Intellectuelle
3. Eurasian Patent Organization
4. The Patent Office of the Cooperation Council for the Arab States of the Gulf
In most cases, irrespective of whether an application is made directly to a particular State or through an appropriate International Patent Organization, once a patent is allowed, an issuance fee must be paid for each State. After a patent is issued from a particular State, the patent holder has the right to enforce the patent in accordance with the laws of the issuing State.
There are two options to obtain protection in foreign countries based on a U.S. Patent Application:
1) within one year of filing a U.S. Patent Application you can file a foreign application in any country that is a signatory of the Paris Convention that claims priority to the earlier filed U.S. Patent Application;
2) within one year of filing a U.S. Patent Application you can file an application pursuant to the Patent Cooperation Treaty that allows you to delay filing foreign applications for an additional eighteen (18) months (in most countries).
For more information, see these other links:
Filing an Application Under the Paris Convention
Foreign Patent Protection
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent 101
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- Utility Patents
- Design Patents
- Plant Patents
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What makes The Law Offices of Konrad Sherinian, LLC the best choice for a Naperville patent lawyer?
Our firm stands out for its experienced attorneys with technical expertise, comprehensive patent services, personalized attention, and a track record of successful results. We are committed to protecting your inventions and providing innovative solutions tailored to your needs.
What types of patents can your attorneys handle?
Our attorneys have successfully handled a wide range of patent applications, including mechanical, software, business method, electrical, electronic, and design patents. We stay updated on the latest developments in patent law to provide effective strategies for various patent types.
How can your firm help with international patent protection?
Our attorneys are admitted to practice before the United States Patent & Trademark Office and have extensive experience in procuring patent protection worldwide. We have established a strong network of counsel globally to assist you in obtaining comprehensive patent rights internationally.
Can you assist in licensing my patents?
Absolutely. Our experienced patent attorneys can help you license your patents to companies in relevant industries. We conduct thorough market research, identify potential licensees, and assist in developing persuasive pitches to maximize the value of your inventions.
How can I benefit from strategic patent portfolio management?
Strategic patent portfolio management is crucial for achieving your business goals. Whether you need to create a defensive or offensive patent portfolio, our experienced attorneys will develop a tailored strategy to protect your interests and secure your competitive advantage.
What if a dispute arises regarding my patent rights?
In the event of a dispute, our firm has a proven track record in patent litigation. Our attorneys are experienced in representing clients in district courts nationwide, providing effective representation within a reasonable budget. We explore insurance coverage options whenever possible.
How do you ensure personalized attention and tailored solutions from a right patent attorney?
At The Law Offices of Konrad Sherinian, LLC, we believe in building strong relationships with our clients. We take the time to understand your patent-related challenges and provide personalized attention and tailored solutions that address your specific needs. We collaborate closely with you to ensure your success.