Foreign Institutions That Grant Patent Rights

Patents represent legal rights that protect inventions. As a patent holder, you can allow or prohibit your invention to be produced, utilized or sold. To obtain a patent, you must disclose specific information about your invention, such as how it works and the materials needed to create it. The U.S. Patent and Trademark Office (uspto.gov) issues patents, which are valid throughout the country. Outside of the U.S., various foreign organizations grant intellectual property rights.

Invention description

Basics

It is vital that foreign institutions both issue and enforce patents. Procedures for obtaining patents differ depending on the issuing country. The United Nations has established the World Intellectual Property Organization (wipo.int) to promote international intellectual property rights, such as those involving patents, trademarks and copyrights.

Geography

When you want a foreign patent, you first must contact the appropriate agency. For example, the Instituto Nacional de la Propiedad Insutrial (inpi.gov.ar) issues patents in Argentina. The Eurasian Patent Organization (eapo.org) covers patents in Turkmenistan, Belarus, Tajikistan, Russia, Kazakhstan, Azerbaijan, Moldova and Armenia. The Korean Intellectual Property Office (kipo.go.kr/en) reviews applications filed in South Korea.

Features

If you hold a patent in the U.S., you can contact a U.S. patent attorney (e.g., oedci.uspto.gov/OEDCI) to help you transfer protection overseas. Keep in mind that foreign institutions might not grant your patent request. For example, if the invention already exists in the country, then it is you unlikely will receive a patent.

Significance

The Paris Convention is a multinational treaty that eases the burden of applying for foreign patents. The treaty extends a grace period for patent holders to file applications in participating countries. Over 171 countries are members, including the U.S., Mexico, Australia, India, Japan and Thailand.

Considerations

As you must apply independently for each foreign patent, your expenses will increase significantly with every application. The cost of obtaining a U.S. patent might range from $5,000 to $10,000. The cost of a foreign patent easily can exceed $10,000 per country. Related costs include hiring a patent attorney and conducting searches to demonstrate that an existing patent will not be infringed upon.

References

• European Patent Office
• Devising Patent Strategy
• Paris Convention