What is a foreign patent?

Because this law firm is located in the United States, a foreign patent is a patent in any other country than the U.S.  Each country has its own patent laws and in order to have protection in any particular country, a patent application must be filed and prosecuted in the individual country.

In order to protect your rights in foreign countries, you must file applications in all the individual foreign countries in which you wish to have protection. For some countries, such as many of those in Europe, you can file for a broader European Patent that provides coverage in those countries that are members of the European Patent Organzition.

You may file a Patent Cooperation Treaty (PCT)application to extend the time period before which you have to file in foreign countries. Normally, you would need to file your foreign patent applciations within twelve months by with the PCT application you may delay for thirty months or more. See article or download in PDF format.

For more information on intellectual property, please visit Patent, Trademark, Copyright Information.

The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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