If I have something that I've patented how does that carry over into other countries? 11 Answers as of October 08, 2012

I got the patent in the US but I want to see if there is a market for my product in other countries. Do I have to get patents for it in every country I want to sell in?

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Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
Hi There, Yes. If you want to sell your product in that country and have your ideas be protected in that country, you would need to file your patent in that country. We work with foreign associates in China, Taiwan, South Korea, Japan, and Hon Kong. Let me know if there is anything else we can help you with.
Answer Applies to: California
Replied: 10/8/2012
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
A US patent in only good in the US. In order to get a patent in international counties you must file within one year of the US filing date. Since your patent has issued you probably filed for the US patent more than one year ago. International applications can either be with a specific country or with the Patent Cooperative Treaty (PCT) where the time to file in international countries is extended to (Usually) 30 or 31 months from the initial US filing date.
Answer Applies to: California
Replied: 10/8/2012
Shimokaji & Associates
Shimokaji & Associates | Michael Shimokaji
Your US patent only provides protection in the US. But if your US patent has actually issued as a patent, then it would be too late for you to file patent applications in foreign countries.
Answer Applies to: California
Replied: 10/7/2012
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
No and besides tat it is too late to file a patent in any other country. This must be done within a specified time usually 6 mo or 12 mo from the date you filed the original patent.
Answer Applies to: Oregon
Replied: 10/7/2012
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
Patents are geographically limited to the country in which patent rights are sought. So, a US patent will allow its owner to exclude others who make, use or sell a product falling within the scope of at least one claim within the patent anywhere in the US, but not elsewhere. So, one must apply for a patent in each country for which patent protection is desired. It is important to note that patent rights are rights to exclude, not rights to use. It is possible and frequently the case, that someone with a patent on a feature of a product, could be infringing patent rights of others who have one or more patents on other features of the product. There are various patent filing strategies to consider for seeking patent rights. Thus, one could file patent applications simultaneously in various countries of interest. Or more typically, the patent applicant first files in the US and then takes advantage of the Patent Cooperation Treaty or the Paris Convention to file patent applications in foreign countries of interest. However, that foreign filing must be initiated within one year of the US patent application filing date, or the foreign patent rights are lost. So, under the facts here, the owner of a US patent, who has not filed for foreign patent rights within one year of the US patent application filing date, is precluded from now seeking foreign patent rights. However, that does not mean that you cannot sell the product in a foreign country. It just means that you may encounter foreign patent rights that prevent you from doing so, or require you to take a license under another's patent. Additionally, because you have no patent protection in the foreign country, you cannot prevent others from copying your product and making, using and selling it in foreign countries.
Answer Applies to: Utah
Replied: 10/7/2012
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You do not need a patent to sell your product. A patent gives you the exclusive right to exclude others from selling your product. Patents are territorial in scope-thus, a U.S. patent gives you the right to exclude others from using or selling your patented invention only in the United States. If you want protection in other countries, you must apply for patent protection in such countries. There is no such thing as a single international patent. Further, you must apply for foreign patent protection within one year of the filing date of your U.S application-otherwise you lose the right to get foreign patents. This is a complex and sophisticated area of the law. Presumably you worked with patent counsel to obtain your original patent. (If you did not, there is a good change that your patent is not worth very much). If you are planning to market your invention internationally, it is critical to retain and work closely with intellectual property counsel. Note that in many cases, a patent is not the best way to protect your product, and other intellectual property rights, such as trademarks and copyrights, can meet your objectives at less cost. One of the main jobs of intellectual property counsel is to assist clients in working through these issues.
    Answer Applies to: New York
    Replied: 10/6/2012
    Turner Padget Graham & Laney, P.A. | Bernard S. Klosowski, Jr.
    Generally speaking, your U.S. patent is only enforceable in the U.S. If you want patent protection on your invention in other countries, under certain treaties, you typically file patent application(s) in the other country(ies) corresponding to your U.S. patent application while it is still pending. Unfortunately, if you already received a U.S. patent and did not file in other countries during the permissible time period before your U.S. patent issued, you may have missed your chance to obtain corresponding foreign patents on your invention. Worse still, your U.S. patent likely will be considered "prior art" and cited against any foreign patent application you might now file on the same invention. So, a bit ironically, your own U.S. patent might prevent you from obtaining corresponding foreign patents. You also asked whether you "have to get patents" in every country in which you want to sell your product. No, a patent is to protect you from infringers or to invite others to buy a license from you to make and sell your patented product; if a party copies your product in a country where you are also selling, you may not be able to stop them if you don't have a patent in that country. A patent is not a like a permit that you have to have in order to sell your product. An intellectual property attorney should review your specific facts to determine if you have a way forward.
    Answer Applies to: South Carolina
    Replied: 10/6/2012
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    You have to get a patent in every country where you want protection. You can sell without protection, but your market leverage and pricing will probably be worse because you lack protection.
    Answer Applies to: Utah
    Replied: 10/6/2012
    Banner & Witcoff, Ltd. | Ernie Linek
    Patents are granted on a country basis - each country has its own patent system. Most countries have a requirement of "absolute novelty" which means the invention must be secret (i.e., not public) until a patent filing is made. Since you have a granted US Patent - your invention is no longer secret - and it likely cannot be patented now in any other country. If an invention has not yet been patented - but is instead simply a filed and "patent pending" application - foreign patent protection might be available if the filing date in the US is no more than one year ago. After you file in your home country (US) - there is a patent treaty (Paris Convention) that allows you to file in foreign countries - claiming the benefit of your home country filing date. For more details - talk to your patent attorney.
    Answer Applies to: Massachusetts
    Replied: 10/6/2012
    Ochoa and Associates
    Ochoa and Associates | Susan Ochoa Spiering
    Patents are territorial, meaning they are only good in the country you get them in...so a US patent is only good in the US. It is a good idea to get a patent in any country you wish to make/manufacture, use, and/or sell. However, if your patent has issued, and you have not started the patent process in another country for that US-patented invention, it is too late. The information has published and is now known. You need to make a change, an improvement, or something different and patentable to proceed in another country.
    Answer Applies to: Texas
    Replied: 10/6/2012
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