Patent FAQ: Can I Protect My Intellectual Property Overseas?
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Unfortunately, the rights granted by a U.S. patent or trademark can only be enforced in the United States and generally have no effect in a foreign country. Therefore, a company who wants to safeguard its intellectual property rights in other countries must take additional steps to ensure international protection.
Since securing and registering patents, trademarks, and copyrights in foreign markets can be exceedingly complex, it is generally advisable to work with an experienced intellectual property attorney who can work with you to create an international IP strategy.
To give you a brief look at the process, below is a short summary of the legal issues regarding protecting IP overseas.
Patents and Trademarks
Patents and trademarks are territorial and must be filed in each country where protection is sought. However, the Patent Cooperation Treaty (PCT) streamlines the process of filing patents in multiple countries. By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 143 countries.
The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries.
Copyrights
Although most countries do not require copyright registration in order to enjoy copyright protection, registration can offer several benefits, such as proof of ownership. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.
ABOUT THE AUTHOR: David A. Farah, M.D.
Dr. David A. Farah specializes in the protection of intellectual property assets, including patents, copyrights, trademarks and trade secrets. He assists his clients in the management of their intellectual property in both the United States and in foreign countries. He also represents his clients in negotiations for the transfer of intellectual property assets and prepares agreements for such transfers.
Dr. Farah is a registered patent attorney and is one of the few also licensed to practice medicine. In addition, he is the only U.S. patent attorney licensed to practice optometry. This background gives his clients advantages when he represents them before the U.S. Patent & Trademark Office and in negotiations involving intellectual property transfers.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
To give you a brief look at the process, below is a short summary of the legal issues regarding protecting IP overseas.
Patents and Trademarks
Patents and trademarks are territorial and must be filed in each country where protection is sought. However, the Patent Cooperation Treaty (PCT) streamlines the process of filing patents in multiple countries. By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 143 countries.
The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries.
Copyrights
Although most countries do not require copyright registration in order to enjoy copyright protection, registration can offer several benefits, such as proof of ownership. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.
ABOUT THE AUTHOR: David A. Farah, M.D.
Dr. David A. Farah specializes in the protection of intellectual property assets, including patents, copyrights, trademarks and trade secrets. He assists his clients in the management of their intellectual property in both the United States and in foreign countries. He also represents his clients in negotiations for the transfer of intellectual property assets and prepares agreements for such transfers.
Dr. Farah is a registered patent attorney and is one of the few also licensed to practice medicine. In addition, he is the only U.S. patent attorney licensed to practice optometry. This background gives his clients advantages when he represents them before the U.S. Patent & Trademark Office and in negotiations involving intellectual property transfers.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
View all articles published by Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
