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Foreign Patents and Treaties

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Foreign Patents

A successful patent application grants you rights and protections throughout the territories of the United States. If you seek protection for your invention in foreign countries, you must make application in that country, in accordance with the requirements of that country.

Treaties

There are a couple of patent treaties where many nations have agreed to participate in an effort to protect novel and proprietary property in foreign lands. The Paris Convention for the protection of industrial property has a list of 168 countries that adhere to bylaws of the treaty. The Patent Corporation Treaty has a list of 124 countries who adhere to the bylaws of this treaty.

The primary benefit of the treaties is to allow other countries the same rights as a country grants its own citizens. It provides for right of priority in the case of patents, trademarks and industrial designs. Also the treaty facilitates the filing of applications for patent of the same invention in member countries by providing, among other things, for centralized filing procedures and a standard application format.

Timely filings and cost are crucial to understand, so please discuss this in detail with your patent attorney.

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