What is the difference between a utility model and a utility patent? A utility model is a type of instant utility patent protection offered in many countries outside the US. Since they are not available in the US, this option would only help IP owners concerned about international patent protection. By applying for a utility […]
Same patent by others in different country? If an earlier applicant obtains a patent first in their own country, can others subsequently patent the same invention in a different country? The simple answer “should” be no. The reality, however, is more complicated. What happens in the real patent world does not always follow what should […]
Should you file PCT or US patent application first? US applicants seeking patents worldwide will often consider filing both a US nonprovisional patent application and international PCT application. The questions is: Which application should be filed first, or should both patent applications be filed simultaneously? Let’s consider patent strategies for filing US first, PCT first […]
How much do international utility patents cost? If you are thinking of pursuing utility patents in foreign countries, one big factor is the cost. Simply put, foreign utility patents cost A LOT, and “A LOT” likely means much more than you want to spend. You have to deal with not only the foreign patent office, […]
Must U.S. inventions be filed first with the USPTO (foreign filing license)? What about foreign applicants for US patents?
Inventions made in the USA must be filed first with the USPTO A patent application for an invention made in the U.S. must first be filed with the USPTO under 35 USC § 184. Permission from the US government must be granted before an applicant can seek to patent the invention in foreign countries. That written permission […]
When Must a Foreign/International Patent Application be Filed? For utility patent applications, the foreign filing deadline is one year from the priority date. For most US applicants, the priority date is the filing date of the earliest US application, which may be either a provisional or nonprovisional application. What Are My Foreign Filing Options? To […]