Minneapolis, MN asked in Contracts, Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota

Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT Application). Some people refer to a PCT application as an international patent but it is not a patent in that you cannot sue anyone for infringing this application. After a delay afforded by using the PCT process, you still need to obtain patents in the individual countries.

A patent covers activities within a particular country that involve a good or service covered by one or more claims of the patent. For example, a US patent can be used against those who make, use, import, sell, offer to sell, or simply have a particular product within the US. Other countries have similar rules.

A US patent would cover something made in China and sold in the US or something made in the US and sold to Canada.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

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