Foreign protection

Many start-ups might think that seeking foreign patent protection is expensive. While this may be true at the later stages of the patent process, it is free to preserve your right to seek patent protection in other countries. All you need to do is file the patent application before any type of disclosure such as an offer for sale, distribution of a printed publication, or public use.

Core concept #4

For start-ups, the option to file seek patent protection in foreign countries is often crucial.  Start-ups may not be able to close the deal with investors and potential licensees if the invention cannot be protected in foreign markets.  During the initial consultation, we explore these issues and discuss whether foreign patent protection for your invention would be important to achieve your goals.

The typical route in seeking foreign patent protection is to first file a patent application in the United States.  Twelve months after the filing of the U.S. application, a corresponding patent application in your select foreign countries must be filed or the right to claim priority back to the U.S. application is forever waived.  Oftentimes, filing directly in all of the desired countries is expensive.  Also, businesses may still be unsure about the market reception of the product in a foreign country.  As such, many businesses take advantage of the Patent Cooperation Treaty, which we discuss during the initial consultation.  Read more about the pros and cons of worldwide patent protection.

Contact me at (949) 433-0900 to schedule your initial consultation.

CORE CONCEPTS

1. Define the invention
2. Review of the prior art
3. Explore different ways of protecting your intellectual property
(i.e., patent, trademark, copyright, and trade secret)
4. Foreign protection
5. Ownership
6. First to file under the America Invents Act
7. Patent Process
8. Questions and answers
9. Recommended next step(s) and estimated fees