Roslyn Attorneys Advise on International Patent Issues
Long Island IP firm assists clients in New York and elsewhere
Access to markets around the world is critical to maximizing the success of many inventions. Each country defines its own patent laws. The specific requirements and tenure of patent protection varies dramatically across the globe. At Collard & Roe, P.C. in Roslyn, New York, our attorneys have filed patents in six continents and have filed U.S. national filings based on priority applications from every major country for a diverse group of clients. We identify means of establishing multinational protection and assist with situations where you need to enforce your patent under another country’s laws.
Helping inventors safeguard the value of their creations internationally
An Applicant who has filed for a U.S. patent is only protected in the territorial United States. After a design patent is filed in the United States, the Applicant has six months to file internationally. After a provisional/utility patent is filed in the United States, the applicant has one year to file directly internationally or to file a PCT. Our patent attorneys have developed a network of foreign associate partners throughout the world. Collard & Roe’s attorneys will work with you to weigh the costs and benefits of various international filing options. We will outline the eligibility standards, translations, fees, and documentation necessary to complete international applications efficiently.
Understanding the PCT patent process
Wide variations exist among countries regarding the protection of patents provided, but there have been strides made that benefit holders of all types of intellectual property. The United States established the Office of International Patent Cooperation in 2014 to help American companies safeguard the global market value of inventions. The Patent Cooperation Treaty (PCT) has more than 150 contracting states and helps relieve the burden associated with filing for patents in each individual nation. Key aspects of the PCT include:
- Filing simplicity — You do not have to learn a series of different languages to get the process started. When you begin the registration process, the same information can be used for filing an international application.
- International Searching Authority — Through the International Searching Authority, you can obtain an informed perspective on other inventions that might be similar to the item you are trying to patent.
- Widespread publication — Your patent application will be published by the World Intellectual Property Organization and will be available internationally.
- National phases — In most cases, 30 months after the filing of the priority application for a PCT filing, the applicant can choose to start seeking patents within specific countries. At this point, the applicant must follow the given countries’ rules, pay whatever fees are required and possibly obtain translations of the patent documents.
Frequently, getting the protection of one or more international patents can be very lucrative. However, the process is long and complicated, so it is best to have a skillful, experienced attorney by your side. Collard & Roe, P.C.’s attorneys draw on decades of international experience to tackle the toughest challenges.
Filing U.S. applications based on foreign priorities
Collard & Roe, P.C. welcomes the opportunity to assist foreign law firms and corporations in filing U.S. applications based on applications filed in other jurisdictions. Throughout Collard & Roe’s over 55 year history, we have worked closely with a plethora of international clients to file U.S. application based on priority applications originally filed in Europe, Asia, South America, and Australia. We are experienced in revising foreign applications to conform to U.S. Patent and Trademark Office standards to minimize prosecution costs. We have staff conversant in German and Russian and work with skilled translators to translate, at minimal costs, non-English applications and correspondence. We work closely with our foreign clients, so they understand and feel comfortable with the U.S. process from filing through patent maintenance.
Contact a New York international patent lawyer to make an appointment
Call the attorneys at Collard & Roe, P.C. at 516-365-9802 or contact us online to schedule a consultation regarding international patents.