Can you file your first patent application anywhere in the world?
We represent both US and foreign clients. Sometimes, a client will want to file their first patent application in the US for an invention that was made in a foreign country. Can they do that? What if a US inventor wants to file their first patent application outside the US? Let’s see which countries have foreign filing patent restrictions.
Need to file a US patent application for a foreign invention? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help you get US patents.
Inventions Made in the USA: Does the US require the first patent app to be filed with the USPTO?
Let’s start with inventions made in the USA. A patent for a US invention must first be filed with the USPTO unless the applicant obtains a foreign filing license. For US made inventions, anyone desiring to file the first patent application in a foreign country must file a petition for a foreign filing license.
When can US inventors file patents in foreign countries?
When a US patent is filed, the USPTO will send a filing receipt within a couple of weeks. Typically, the USPTO filing receipt will contain a foreign filing license. The language is usually embedded within the receipt.
Inventions Made in a Foreign Country: Countries Requiring First Patent Filing or Foreign Filing Permission
Certain nations require the first patent filing or foreign filing permission for inventions made in their country. Though not exhaustive, the following list covers the more popular foreign countries (here is a longer list):
- China
- France
- Germany: applications containing State secrets
- India
- Italy
- Japan: certain technologies specified by the government
- Korea: applications related to national defense
- Spain
- UK
Inventions Made in a Foreign Country: Countries Without Foreign Filing License Requirements
It is always prudent to check the laws of the country in which the invention is made. If necessary, consult an experienced and licensed patent practitioner in the country in which the invention was made.
Here are some of the more popular patent countries where an invention made therein can be filed abroad without first obtaining a foreign filing license:
- Australia
- Canada: except government employees must first obtain permission
- Mexico
- New Zealand
- Taiwan
How Our US Patent Firm Can Help
Keep in mind that our practitioners do not practice patent law outside the US. To work with us, please make sure you abide with laws of the country in which the invention was made.
For countries that require the first patent filing, make sure to either file your first patent application with the appropriate patent office or obtain foreign filing permissions before patenting the invention in the US.
Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore working with us on your US patents.
