Can Companies Outside the United States Obtain US Patents?
Yes. The United States has the largest Gross Domestic Product on earth. Foreign Companies that do not have a physical presence in the United States can sell their goods or services in the United States.
For most foreign companies, sales in the US market improve earnings for the foreign businesses.
Advantages of US Patents for Foreign Businesses
- The United States has a long history of enforcing domestic or foreign Patentees’ rights
- Granting a US Patent gives the Patentee the right to file a legal action to stop third parties from making, using or selling their patented invention
- Under Title 35 of the United States Code, a foreign Patentee can sue an alleged infringer in a United States District court and win damages
Options for Foreign Companies
Foreign Companies filing a US Patent Application in the United States Patent and Trademark Office (USPTO) may:
- Initially file the US Patent Application in the USPTO
- File a Patent Application in their company’s jurisdictional Patent Office followed by the subsequent filing of the US Patent Application (prior to the expiration of the treaty deadline)
- Initially file a Patent Cooperation Treaty (PCT) Application in the USPTO followed by the subsequent filing of the US National Stage Application (prior to the expiration of the PCT Treaty deadline)
- File a Patent Application in your company’s jurisdictional Patent Office followed by the subsequent filing of a PCT Application claiming priority to the initially filed jurisdictional Patent Application
- Prior to the PCT Treaty deadline, file a US National Stage Application in the USPTO which claims priority to the PCT Application filed by your company that claimed priority to the initial Patent Application filed by your company in its jurisdictional Patent Office
Basic Requirements for Foreign Company Patent Filings
- English language translation/transliteration of the jurisdictional Patent Application or PCT Application – if the language of the as-filed jurisdictional Patent Application or PCT Application was not English
- Pay USPTO Processing Fees
- Submit Specifications and Drawings
- Claims – usually presented in an “Americanized” preliminary amendment format to increase clarity and minimize USPTO Processing Fees
- Provide Inventor(s) Declaration(s)
If all this sounds a bit complex, we can help. Business Patent Law, PLLC provides intellectual property and business counsel for businesses and companies.
If you have questions about filing your company’s US Patent Application, please contact Business Patent Law, PLLC and we will discuss possibilities for your business.
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