Frequently Asked Questions about Patents

How do I protect my idea outside the United States?

  • To obtain patent protection in a particular country, you must have a foreign patent covering that country.
  • There are two ways to file internationally. The first is to file on a country-by-country basis. The second route is under an international treaty called the Patent Cooperation Treaty (PCT). Typically, a U.S. patent application will be prepared and filed, with a PCT application spun off of the U.S. filing. Patent protection is possible in virtually every country in the world.
  • Some things to remember: foreign utility patent applications must be filed within one year of your U.S. filing date, and selling your invention before you file a patent application may later bar your filing in foreign countries. Please consult with a patent attorney any time you plan to sell, offer for sale or make public your invention before you file a patent application.

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