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
  • Patents Lawyer
  • Pittsboro, 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.