Will a US Patent Application Expedite Foreign Patents?
Yes, one way to expedite foreign patents is to apply for a US Patent. This approach can expedite procurement of foreign Patents in many foreign jurisdictions.
Under European Patent Office practice, the grant of a US Patent may or may not correlate with the expedited grant of its parallel European Patent.
Three General Rules for Domestic and Foreign Patents
- The sooner the Nonprovisional Patent Application is filed, the sooner the Patent can issue
- In most jurisdictions, the sooner the Patent issues, the less expense incurred by the Patentee
- The sooner the Patent issues, the sooner the Patentee has enforceable patent rights, and the sooner the Patent can become a wealth-generating asset
Business Strategy to Expedite Foreign Patents (Example)
- Regardless of the nationality of the Patent Applicant, file a Patent Application in the USPTO
- It best for your company to originally file a Provisional, Nonprovisional or PCT Application in the USPTO — however, if the Provisional, Nonprovisional or PCT Application was first filed in another jurisdiction, a US Nonprovisional Application can be filed in the USPTO until the US statutory deadline has passed
- If a PCT Application is not the first Application filed, a PCT Application claiming priority to a Provisional or Nonprovisional Application is filed in a PCT Receiving Office (preferably, the USPTO Receiving Office)
- File a US Nonprovisional Patent Application shortly after the PCT Application was filed, rather than waiting until near the deadline allowed by the PCT
- By using this procedure, it is possible for your company to receive the grant of the US Patent before parallel Applications filed in other jurisdictions are examined
- As previously indicated, the grant of a US Patent can expedite the grant of parallel Patents in many foreign jurisdictions
If you have questions about cost-efficient business strategies for filing your company’s Patent Applications, please contact Business Patent Law, PLLC and we will discuss possibilities for your business and intellectual properties.
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