How to Make Your Patent Valid in Foreign Countries
Holding the rights to a United States patent only applies within the U.S. and its territories. Transferring patent rights so that they will be valid in foreign countries can require additional registration in each country. By contacting the patent authorities of each foreign country, you will be able to protect your patent rights in other parts of the world.
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Instructions
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Make Your Patent Valid in Foreign Countries
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Enlist the services of a patent attorney or patent agent to assist you with all of the various laws concerning patent registration in foreign countries. Try to find an attorney who has specific experience in this field and can locate the proper forms and applications for each foreign country. While the deadline for obtaining a patent will depend upon the efficiency of each foreign patent office, a patent attorney will help you to save time.
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Find out if patent applications are barred in cases where publication of the specific invention has already happened within the country in question. Many countries will deny a patent grant in this case.
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See if the country in question adheres to the Paris Convention for the Protection of Industrial Property, which provides the same patent rights for foreign parties as it does for its own citizens. One hundred and sixty-eight countries, including the United States, honor this policy.
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Obtain a license from the Director of the United States Patent and Trademark Office before applying for a patent in a foreign country if it has been less than six months since you have applied for a U.S. patent for the same invention.
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Ask if the foreign country in question is one of 128 participants in the Patent Cooperation Treaty, which streamlines the foreign patent process by sharing filing databases with other countries. This will make the patent process quicker.
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Tips & Warnings
Many foreign countries may require you to transfer all manufacturing operations for a specific patent within a certain time to the country where the patent is sought (3 years is a commonly designated period). Make sure you consult the patent offices of each country before committing to a patent grant.
