The patent and trademark rights granted by the USPTO are enforceable only in the United States of America. In the global economy, those seeking IP rights often have an equally strong interest in international protection. Each country has its own patent and trademark system. Many of our clients seek foreign rights because they are already doing business in specific countries, expect to expand there, or have competitors there.
Kolisch Hartwell has strong experience helping clients obtain IP protection all over the globe. It is common for our clients to seek protection in Canada, Europe, Mexico, Australia, China, Japan, Korea, Taiwan, India, Israel, and elsewhere. We also have strong experience in helping international clients obtain patent and trademark rights here in the United States. Some of our attorneys and staff are fluent in languages such as French, German, and Spanish that aid prosecution for clients in other countries.
PCT Patent Applications. The U.S. and most other industrialized countries have signed the Patent Cooperation Treaty (PCT), which provides a unified procedure for filing a single international patent application in one language with one fee. The applicant can subsequently elect to pursue patent rights in any member country. A PCT application contains a written description, drawings, and claims. An international Receiving Office performs a search, performs a preliminary examination, and issues a written opinion of patentability. The applicant can then “nationalize” the PCT application in any member country for examination and patenting under its laws. The PCT application eliminates the need to file separate applications up-front in every country desired. The PCT therefore preserves the option to seek rights around the globe, delays large initial costs for translation and examination, and yields information about potential international patentability. The World Intellectual Property Organization (WIPO) administers international applications under the treaty.
A few foreign countries (Taiwan and Pakistan, for instance) do not belong to the PCT. Pursuing rights with non-members requires a direct application to each patent office.
International Trademarks. Trademark protection outside the U.S. is governed by national laws and international treaties. Trademark applications can be filed in individual countries and can claim priority in one country based on a prior application or registration in another country.
Kolisch Hartwell maintains a network of trusted agents around the world so that our clients can pursue patent and trademark rights anywhere.