International Patents

South Carolina Patent Attorney

Filing for a patent with the United States Patent and Trademark Office (USPTO) will not protect your invention in foreign countries. To establish intellectual property rights for patentable designs, functions, or processes, patent applicants have three options available to them: 

1. Filing for a patent directly in a foreign country
2. Filing for a patent with a regional patent examining authority such as the European Patent Office
3. Filing for an international patent under the Patent Cooperation Treaty (applies only to member countries)

At The McGougan Law Firm, LLC, our attorneys work closely with business clients, researchers, universities, and individuals in preparing and filing for an international patent. We have the resources and knowledge needed to conduct patent searches, review prior art issues, and consult experts when technical issues arise.

To schedule an appointment and discuss how we can help you protect your intellectual property in the global marketplace, contact our patent attorney at The McGougan Law Firm, LLC today.

Positioning Your Intellectual Capital in the International Marketplace

In most cases, we advise clients to file for a domestic patent first, since doing so establishes the priority date for an invention. Under current international law, the filing date of a US patent is recognized as the invention's priority date if an international patent for it is filed within one year of a US patent. Given the competitive nature of today's global market, protecting a patent can make it more difficult for competitors to pirate or steal new inventions and products.

Why Filing under the PCT can Provide additional Time to Perfect a Product

Filing for a patent under the terms of the PCT allows inventors to delay filing directly in each country for up to 30 months (31 in some countries) of their US application. Consequently, filing under the PCT - as opposed to filing directly in each country - can provide much needed time to develop products and business strategies needed to compete in foreign markets. At the end of the 30 or 31 month period, international patent applicants are required to initiate a national or regional filing in the country of their choice. If you choose to file directly in certain countries, you are not required to file in each PCT member country.

Thinking Ahead - Licensing Agreements

If you plan on licensing your invention, filing under the PCT can also delay the cost of national filings. The 30 to 31 month delay can help you establish licensing agreements, establish a market presence, and essentially defray costs you incur for patenting your invention. Once you enter into licensing agreements with vendors of your choice, you can also create a License Agreement which would require the licensee to pay any costs associated with prosecuting patent infringements in that country.

International Patents - Understanding Your Options

There are a number of legal and financial issues that should be considered before filing for an international patent. Our attorney has the experience and knowledge needed to strengthen the position of your company in the international marketplace through sound, effective international patent strategies.

To schedule an appointment and discuss how we can help you, contact our patent attorneys at The McGougan Law Firm, LLC today.