The Worldwide Patent

How Do I Secure A Worldwide Patent?

Unfortunately, there is no such thing as a worldwide patent – your patent does have some limitations in both time and space. Specifically, a patent filed with the United States Patent and Trademark Office (USPTO) is only enforceable in the United States.

Can I Rule The World With My Patent?

You can control the world! Well, sort of.

While a patent filed in the United States Patent and Trademark Office (USPTO) is only enforceable in the United States, you can also file for protection in other countries. There are several routes that you can take to make the jump to areas outside of the US, but you must make those filings within 12 months of filing in the US for utility patents and within 6 months of your filing date for design patents. Also, you will need to pay for an attorney and the government fees for each country that you want protection in. These fees can add up quickly and therefore it is important to pick additional countries wisely while keeping the maximization of profits in mind.

Focus Your Patent Protection On The Largest Market

Many clients come to us concerned about what is happening in foreign countries. Generally, we don’t feel this needs to be a concern for most clients. It is extremely expensive to file outside of the US because you need to pay all of their fees plus have attorneys in those countries. How much profit do you need to make to have it be feasible to even enforce a patent in China or Italy? The US is the largest market in the world and a US patent covers both exporting out of and importing into the US. Compared to the realities of foreign filing, it is typically far more important and cost-effective to keep others from shipping into the US, a right the US patent gives you.