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A United States issued patent is only enforceable within the borders of the United States, such that infringement of a United States patent occurs only if another person makes, uses or sells the invention in the United States or its Territories. Persons or entities interested in world-wide patent protection, can take advantage of the Patent Cooperation Treaty ("PCT") through the PTO. The PCT has a centralized filing and searching procedure that results in a relatively simple and less expensive (compared to having to go through each country directly) foreign patent application filing process. Although the PCT process is easier than filing an application directly with each individual country, it is still a somewhat complicated and relatively expensive procedure.
Basically, the PCT requires that an international application be filed within 12 months of filing the United States patent application in order to retain the priority date of the United States application. The initial fees for foreign protection are due within 1 month of entering the international stage (therefore, within 13 months of filing the United States application in order to retain its priority). Fees are also due within 20 months of filing the United States application. Additional fees and costs may be required to translate the patent application into the languages required by the selected countries.
In many foreign countries, particularly most of the European countries, disclosure of the invention to any member of the public, anywhere in the world, prior to the filing of the patent application, will work a forfeiture of any possible patent protection. This situation can be avoided by filing a United States patent application before such a disclosure takes place and thereafter filing corresponding foreign applications not more than one year later. The foreign applications, pursuant to the PCT, will be given filing dates which are the same as the United States patent application's filing date.
The cost of pursuing foreign patents can be very high, depending on which countries and how many countries are selected. Generally, a patent attorney who is licensed in the relevant jurisdiction (i.e., the European Union) must be engaged to assist attorneys located/licensed in the United States. The PCT procedures described above do allow the patent inventor or owner to "buy" some time until he or she must commit to the more significant costs of the foreign patent process.
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