Weiss & Moy, P.C. is able to offer the filing of patent applications in virtually every industrialized country in the world. Our foreign patent service gives clients the convenience of one-stop shopping when it comes to obtaining global patent protection. Instead of dealing with multiple law firms located in different countries, you need only contact Weiss & Moy, P.C. and our network of foreign associates can handle the rest.

Unlike U.S. patent law, which allows an inventor to publicly display or sell their invention for up to one year prior to filing a U.S. patent application, many countries have an “absolute novelty” requirement which bars an inventor from filing a patent application if there has previously been a public disclosure or offer for sale.

If obtaining foreign patent rights is important to you, it is critical that you first file a patent application (either a U.S. application or a foreign application) before publicly displaying or offering to sell your invention.

Typically, foreign patent protection is sought after the filing of a U.S. patent application. Under international treaties, you usually have up to one year from the filing of a U.S. patent application to file for foreign patent protection while still claiming the priority of your original U.S. filing date. Failure to file a foreign patent application within one year of the filing of a U.S. patent application may result in a total bar on filing for foreign patent protection.

Under Article 4 of the Paris Convention, an inventor may file directly in each Paris Convention country for which he or she desires patent protection within one year of filing a U.S. patent application.

Alternatively, under the Patent Cooperation Treaty (PCT), an inventor may file an international patent application in a PCT member country within one year of filing a U.S. patent application. This PCT application gives an inventor up to 30 months from the filing date of the original U.S. patent application to file directly in each country for which he or she desires patent protection. In essence, the purpose of the PCT is to give an inventor up to an additional 18 months beyond what the Paris Convention offers in order to decide if and where to file for foreign patent protection.

In either case, the end result is the same – ultimately one must file a patent application in each country in which he or she desires patent protection in order to be protected in that country. The Patent Cooperation Treaty route is simply designed to offer inventors extra time to make the important decision of where to file.

The cost of filing a foreign patent application depends on the country, with fees typically ranging from $4000-$7000 per country. It is now possible to file a single patent application for the European Union to cover most of the European countries. A PCT application, which essentially provides you with an additional 18 months to make a decision on which foreign countries to file in, typically costs in the range of $2500-$3500, including filing fees.

At Weiss & Moy, P.C., we will help you navigate through the complications of filing for foreign patent protection in order to successfully meet the requirements of your global patent strategy.