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Intellectual Property

International Patent

No single international patent exists. What people usually mean is a set of national or regional patents obtained through a coordinated filing plan, and the decisions about that plan come early.

Reviewed

01 GUIDE

International Patent: what usually happens

What the international application does

The Patent Cooperation Treaty lets an applicant file one international application that preserves the right to seek patents in a large number of member countries. It produces a search report and a written opinion on patentability, which can help you decide where to go next. It does not grant a patent anywhere. At a set point counted from your earliest filing date, the application has to enter the national or regional phase in each place you choose, and each office then examines it and grants or refuses on its own terms.

Timing and sequencing pitfalls

Many countries require absolute novelty, so a public disclosure before your first filing can end rights abroad even where U.S. rules give you a grace period. Inventions made in the United States generally need a foreign filing license from the USPTO before an application is filed abroad first, and that license is commonly granted through the filing receipt of a U.S. application. Priority claims also run on fixed deadlines from the first filing, and missing one can cost you the earlier date. Translations, local counsel, and official fees all arrive at national phase entry, which is when costs rise sharply.

Narrowing the list before costs arrive

The international route mainly buys time and information. We use that time to look at where the product will actually be sold or made, what the search report revealed about the strength of the claims, and which countries justify the expense of separate prosecution. Some applicants skip the international stage and file directly in a few countries, which can make sense when the list is short and settled. Bring your first filing documents, any record of public disclosure, and the countries you are considering, along with any dates you already know you are working against.

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.

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(855) 529-7557

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Attorney Advertising. This page is general information about international 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.