1509 S. Tyrell Ln., Suite 100, P.O.Box 877, Boise ID 83702 - 208.345.1122

Foreign Patent Protection

How do I get a patent in a foreign country?

In order to have patent protection in a foreign country, a person or company must have a patent in whatever entity or jurisdiction provides patent rights in that country.  This can mean having a patent in each individual country or obtaining a patent through a broader protection entity, such as the European Patent Office (or EPO).  There are several mechanisms to obtain a patent in a foreign country, the most common method for our United States clients is to file a U.S. patent application (either a provisional or non-provisional U.S. patent application) to obtain a priority date, and within a year file a PCT (patent cooperation treaty) application that designates potential future countries or entities in which the patent applicant intends or is considering seeking patent protection in.  Within 30 or 31 months (this time frame depends on the rules of the foreign country in which protection is sought) from the date of filing, the patent applicant must file separate patent applications in each individual country in which patent protection is sought.  This is typically considered filing a national phase entry application.  The stage of national phase entry is typically the most expensive phase as the patent applicant must hire patent attorneys or agents in each of the countries or associations in which protection is sought.  Alternatively, a patent applicant can file directly in individual countries and not file a PCT application.

The attorneys at Shaver & Swanson, LLP have filed for patent protection in a wide array of foreign countries, including Brazil, Canada, Mexico, Turkey, Australia, China, South Korea, Japan, and wide range of European countries including filing EPO patent applications for protection in the European Union (EU).  Our attorneys are adept at counseling on and obtaining foreign patent protection.