Q: Can I register one patent in a non USA country and export or re-register the same patent in USA?

The patent was co-developed by a non-US person and a USA person. It was developed for a USA company but in a NON-US branch office.

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: Yes. You can:

(a) file a patent application in the US, and then file a foreign application in the foreign country based on the US application; or

(b) file a patent application in the foreign country first, and then file a US patent application based on the foreign country application; or

(c) you can file a PCT patent application in either country, and file patent applications in the US and the foreign country later.

You should see a patent attorney to tell you which is the best route. It will depend on the foreign country, fees, and your business strategy.

Good luck!

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