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Intellectual Property

Foreign Patent

Your invention was developed in the United States and you want protection in Europe and Asia, or a foreign company is bringing its patent family into the U.S. market. A foreign patent strategy depends on decisions made around the very first filing.

Reviewed

01 GUIDE

Foreign Patent: what usually happens

There is no single worldwide patent

Patents are granted country by country, or by regional offices such as the European Patent Office, and enforcement generally happens under the law of each country, with Europe's newer unitary patent and its court as a partial exception. The Patent Cooperation Treaty offers a single international application that preserves the option to enter many countries later, but it is a filing route, not a patent; examination and grant still happen in each national or regional office. A Paris Convention priority claim lets later foreign filings rely on the date of the first application if they are made within a set period. Missing those windows can leave earlier publications of the same invention, including your own, counted against the later filings.

Foreign filing from the United States

For inventions made in the United States, a foreign filing license from the USPTO is generally required before filing abroad, and it is usually granted on the filing receipt of a U.S. application. Filing abroad first without one can affect the validity of a U.S. patent, and in some technology areas national security rules apply. Many countries require absolute novelty, meaning a public disclosure before the first filing can bar protection there even though the U.S. grace period would forgive it. Translation, local agent fees, and annual maintenance fees in each country are usually the largest costs, so choosing countries by market and manufacturing location matters.

Bringing a foreign patent family into the United States

Foreign companies entering the U.S. generally act through a registered U.S. patent attorney or agent and need claims adapted to U.S. law, which treats software, diagnostics, and claim formats differently from many offices. Statements made in foreign prosecution can be raised in U.S. litigation, so it helps to keep the families consistent. Disputes involving the same family in several countries are common, and results in one country do not bind courts elsewhere. In a first review we look at the existing filings, the deadlines in play, and the markets that matter commercially, and we recommend where to file and where to let a family lapse.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about foreign patent and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.