International Patent Law

International patent law covers the protection of intellectual property across nations. If granted, the patent gives you control over manufacturing or selling your invention. Inventors can apply for a patent in different countries to give them more control over their international property rights.

If you have or are currently pursuing an international patent, it is important to seek legal counsel to ensure your intellectual property is protected under the fullest extent of the law. If you are involved in a legal dispute regarding an international patent, it is highly recommended that you talk to an international patent attorney for legal advice.

What Is a Patent?

A patent is an intellectual property right that gives the patent holder the right to exclude others from making, using, or selling the device or design without permission. Patents are generally for products or processes that provide a new and useful way of doing something. To get patent protection, the process or product has to be disclosed in a public patent application.

How Can I File an International Patent?

If you have an invention that you wish to protect, you can apply for a patent with the United States Patent and Trademark Office (USPTO). A USPTO patent gives you legal rights against unlawful use of the U.S. patent.

Inventors can also apply for patent protections in other countries. For example, the Intellectual Property Office (IPO) is the patent body in the United Kingdom. The European Patent Office (EPO) gives owners patent protection rights in Europe.

To get broader patent protections, an applicant can file an international patent application under the Patent Cooperation Treaty (PCT). A PCT application can give an inventor patent protection in all contracting states, which number more than 150, including the U.S., Canada, China, Japan, Brazil, and most of Europe.

Treaties in International Patent Law

A patent specifically only protects your invention in the country where your patent is filed. Patent holders are only guaranteed patent protection in that country. However, many foreign countries have international treaties that may extend your patent rights to member countries.

The World Intellectual Property Organization (WIPO) is a United Nations agency headquartered in Geneva, Switzerland. The mission of the WIPO is to develop a balanced and effective international IP system that supports innovation and creativity.

The Paris Convention Treaty is an international intellectual property treaty agreed to by over 100 countries that agree to grant citizens of other countries the same trademark and patent rights that it grants its own country.

Do I Need an International Patent Lawyer?

If you want to make sure that your invention has international patent protection, you should contact an international patent law attorney as soon as possible. An international patent law attorney can tell you the steps of the patent system to maximize your patent protection.

An international patent lawyer can start with a patent search to make sure you can file a patent. Your attorney can also help you apply for a foreign patent and negotiate with the patent office if there are any problems. If someone tries to steal or use your patent without permission, a patent lawyer can enforce your rights under international patent laws.