In addition to assisting our clients in obtaining U.S. patent protection on their inventions, we are also highly experienced in obtaining patent protection in any other country around the world. Furthermore, just like with U.S. patent applications, you can trust that we will prosecute your international patent application(s) as relentlessly and cost-effectively as possible - from application filing all the way to patent grant. This is due, in part, to the extensive network of quality foreign patent firms that we have used and vetted over the years, such that we are confident that each foreign associate we work with is extremely knowledgeable of their country's patent laws and charges very reasonable rates for their services. Additionally, whenever possible, we take advantage of the Patent Prosecution Highway (PPH) in order to expedite the granting of foreign patents in participating countries while further reducing costs in the process.

The process of obtaining patent protection in multiple countries is best started through what's called the Patent Cooperation Treaty (PCT), which basically operates as a patent application clearinghouse for most of the industrialized world (a current list of PCT member countries can be found here). A PCT application does not lead to the grant of an "international patent," which actually does not exist. Instead, a PCT application must be followed up by filing what's called "national stage" (or "regional stage") applications in the individual countries where patent protection is desired (that is the stage at which our network of foreign associates is utilized).

Once a PCT application is filed, an applicant has roughly 30/31 months from the application's earliest priority date (i.e., the earliest filing date to which the application claims priority, such as a previously filed U.S. patent application) in which to file national/regional stage applications in the individual countries of the applicant's choosing. Part of our job is to keep track of these deadlines so that we can discuss potential filing options and coordinate the necessary filings with our clients in a timely manner.

Thus, the main advantages of the PCT system are: (1) a PCT application allows the applicant to defer the national or regional filing procedures and the respective fees and costs associated with those filings; (2) a PCT application creates a unified filing procedure (filing a single international patent application that could subsequently be extended to multiple PCT member countries); and (3) a PCT application provides a preliminary prior art search and examination, which allows applicants to better determine the likelihood of patentability prior to making any decisions or incurring any costs associated with filing national/regional stage applications. Additionally, assuming the applications are filed in a timely fashion, the subsequently filed national/regional stage applications are able to claim the priority date of the earliest filed application. Thus, from a priority standpoint, it's as if the eventual national/regional stage applications were filed on the same date as the earliest filed application (which is typically the U.S. patent application) - so it's as if no time is lost, at least from a filing date perspective (which also limits the universe of potential prior art that could be used against your invention).

Depending on your priorities, we will be able to help you decide how you should proceed with protecting your own invention - both in the U.S. and abroad. It should be noted that where a U.S. application is filed first, the PCT application would need to be filed within 12 months from the earliest U.S. filing date in order to claim priority to the U.S. application. Additionally, if you wish to pursue patent protection in any non-PCT countries, such standalone "national" applications would also need to be filed within 12 months from the earliest U.S. filing date in order to claim priority to the U.S. application.

If you are interested in pursuing patent protection on your invention in multiple countries, or simply would like more information, we invite you to call 888-789-5789 or email us to schedule your FREE initial consultation, during which we can explain the PCT process to you in more detail and answer any follow-up questions that you may have.

In the meantime, we caution you not to make any disclosure of your invention without first consulting an attorney. In order to preserve your ability to obtain patents outside of the U.S., your earliest patent application filing (regardless of whether it is a U.S. or PCT application) must pre-date any public disclosure of your invention. You should contact us or another attorney as soon as possible if you have any questions or concerns about these issues.