International Patent Strategies
- The protection provided by a patent filed in United States is only limited to its borders. It will not cover any infringement issues overseas in India or China, in fact not even in neighboring countries Canada or Mexico. To secure protection in other countries as well, the individual or the company must seek to get its patent approved from a particular country. One of the primary differences between the U.S. and other country's patent system is that the U.S. employs a "first to invent" system while others operate under "first to file"' system.
- While deciding whether to opt for international protection, the applicant should consider the risk involved of maintaining the secrecy of the subject once it is disclosed in foreign file. Next it should evaluate the pros and cons of getting a patent in a particular country. Questions include "Whether there are companies in this country that will likely manufacture this invention?" and "Is the enforcement of patent rights practical and cost effective?" Once the particular countries are chosen, a cost benefit analysis based on an earlier U.S. applicant file should be done. This should include the cost of filing for a patent as well as the cost of translation in English if the country operates in a different language. Industrialized countries, including Australia, Canada, China, India, Israel, Japan and various countries in Europe, are usually sought for international patents.
- Once the countries are finalized, various strategies can be employed to pursue an international patent. An inventor can file an application directly in patent office of each country while considering the filling and translation costs involved. Secondly, one can apply in a regional patent office (such as EPO), which allows patent in the member countries. Thirdly one can file under the Patent Cooperation Treaty (PCT) to which the U.S. and other countries are members. One must make sure to consider the patent policies of all the member countries while going for the latter strategies.