technical invention patent

technical invention patent
Once you file your patent application in the United States, you have a clock with that if it runs out will prevent you from getting a patent in a foreign country, if you do not act. This clock is a year.

Your alternatives to file in foreign countries (or groups of countries) of your choice within a year or a Patent Cooperation Treaty (PCT) application to extend the deadline for the submission of at least two-and-a-year.

At the time of this writing, 136 countries are Member States of the PCT. These include almost all countries in the world, and those who are not members are unlikely to have significant markets in the patent.

If you timely file abroad or file a PCT application, you will receive your U.S. filing date as the priority date for use in these countries. The priority is important, because other countries award the first inventions to file the application, rather than the first to invent, as in the United States. So, others can not come later and are patents on applications after the priority date. Further your priority date is important to understand the implications of references (publications and patents), which was later than the date of priority, and therefore can not be used to reject the application.

For most countries, the ultimate limit of the PCT procedure is 30 months. If your application is not of this period in these countries, you will no longer be able to patent protection in the countries where you have not yet submitted a national phase application. Filing in Europe by the European Patent Office has an alternative period of 31 months in Canada and has a period of 42 months, with surcharges for late filing can be.

The Member States of the European Patent Organization, in a European patent are currently Germany, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.

There are also other organizations Patent Service main regions of the world such as Africa, South America, Asia, etc., but currently only Africa (two separate organizations with different country-members) and a Eurasian group, comprising some of the states of the former Soviet Union have joint patents to cover their constituent counties.

As with the U.S., most countries require that the practitioner prior to their patent offices must be registered with their country. Your registered U.S. patent attorney with a foreign registration may be through cooperation with associates in the foreign lawyers who are authorized to prosecute patent applications in their countries. One should keep in mind that different countries have different laws, and those who practice in these countries are probably the most skilled in the full understanding of their country's laws.

Unlike the United States, in many other countries, the fees to be paid upon the application. Thus, the initial cost of the foreign filing and the subsequent prosecution by the charges. Therefore, it is more so in foreign venues for the pursuit of your application with all due speed.

During the examination of foreign application, you should keep in mind that the U.S. patent will prevent anyone from making, using, offering for sale, selling or importing your device or to the United States. Thus, only a U.S. patent, while the device can be, for example in China, and to, say, Mexico, China or Mexico could not legally send the unit in the United States.

Finally, a word of caution: While the United States can be an inventor to file for a patent application within one year after first publication, sale or offering for sale, such measures could defeat your priority for the purposes of filing in some foreign countries. Therefore, it is advisable that your U.S. patent application on file before using your product.

This article and / or the reading is not regarded as an offer to or receive legal advice and no attorney-client relationship or privilege relationship. If you consider your intellectual property to protect, you should contact an attorney of your choice.

Customs 2007, Williamson Intellectual Property Law, LLC, all rights reserved, worldwide.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practice in Atlanta, Georgia.

Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100
Atlanta, GA 30339
770-777-0977

http://www.trwiplaw.com

Williamson Intellectual Property Law, LLC is an intellectual property right, the company from its customers nationwide Home Office in Atlanta, Georgia, and offers a wide range of services for patent searches, preparing and filing patent applications, trademark searches, preparation and Filing and service brands - applications, preparation and filing copyright registration applications, the granting of patents, trademarks, copyrights, trade secrets, and litigation of patent, trademark, copyright and trade secret violations. Experience with the staff in running small startup companies and the executive in a Fortune 500 company, the three-billion-dollar quarter division, Williamson Intellectual Property Law, LLC can take the necessary business services and expertise to your small or large companies