How Do I Get an International Patent?

If you have successfully obtained a patent in the United States, you may be only part of the way to the protection you need. A United States patent only protects your rights in the United States from others who want to make, sell, or use your patented idea. It is important to know that a U.S. patent can stop the import and sales of your patented idea, even if a company is legally making the product in another country. If you need patent coverage in any other country, you will have to apply for the patent in each country or regional patent office. According to international patent law, you have one year to apply for patents globally before others can use your idea for their purposes in foreign countries. Obtaining foreign patents can be complicated, which is why you should strongly consider only pursuing one with a competent St. Bernard Parish, Louisiana intellectual property lawyer on your side.

What treaties govern international patent law?

The two major treaties that govern international patent law are the Paris Convention and the Patent Cooperation Treaty. The Paris Convention states that once an application for a patent is filed in one of the contracting states, the treaty allows the ability to claim a priority date for the first patent application. Filing an application under the Paris Convention is also called a national filing.

The other treaty is called the Patent Cooperation Treaty (PCT) governed by the World Intellectual Property Organization. This treaty allows for one entity to search and decide on patent applications throughout all contracting states. It does not grant patents. You will still need to apply for a patent in each country. Fortunately, the PCT has allowed for one central process with only one filing for a patent search. Applicants will be able to amend their idea through the PCT so that the process is mostly streamlined when their application is prosecuted in other countries. As of April 2022, The PCT has 156 contracting states.

Lemler IP is honored to assist clients in obtaining foreign patents and protecting their rights on a global level. Though the process may sound complicated, with the right attorney in your corner, it doesn’t have to be. Contact Lemler IP today for any questions or concerns, or if you’d like help through the process.