Questions to Ask about International Patents

Getting a patent on your invention is no easy task. The same goes for an international patent. Your invention has to be approved by the foreign patent office and every country has different rules. Filing the application is just the beginning of the process. Your application will go through a review process (different for every country) and there will be various fees you will have to pay. Applications for international patents are quite complex, so getting help from an attorney specialized in international patent law in Miami is advisable. A good attorney working with international patent law in Key West will help you understand the process, help you file the required documents, and will provide legal assistance during the entire process.

There are many questions that clients have about international patents. Here are some of the most common ones:

Question #1 – What is a patent?

Patents are exclusive rights for a specific invention. The document proves your exclusive right for a specific product, process, or service, that provides a new way of doing something, or provides a technical solution to a problem. In order to get a patent, you will have to disclose technical information about the product via a patent application. The application has to describe how the invention works and what makes it special when compared to other similar products or processes.

After the patent is granted, the owner can give permission to or license other parties to use it according to mutually agreed terms. The owner of the patent can also sell the invention to a buyer. In this case, the buyer owns the patent. Patents can also expire, ending the legal protection for the invention; in this case, the invention enters the public domain. This means that anyone can exploit the invention and sell products, without infringing the patent. Learn more about patent infringement by talking to an attorney specialized in international patent law in Key West.

Question #2 – What rights does an international patent provide?

A patent owner can decide who can or cannot use the invention. This means that the owner has full control over the invention – who can sell it, rent it, use it, manufacture it, import or export it, or license it to other companies. Because the patent is international, it covers the same rights in a foreign country, according to the patent.

Question #3 – What types of inventions can be protected?

Patents can be granted for any inventions, in any field. Patents can be granted to common household items, like knives, forks, or spoons, but also to nanotechnology chipsets. Anything can be an invention – from a new chemical compound used in manufacturing, to a process for producing a new item. Many complex products feature multiple inventions. For instance, computers feature hundreds of different inventions, some protected by a patent, while others not.

Question #4 – How long does patent protection last?

Patent protection is always granted for a limited period. In the United States, the protection is granted for 20 years, calculated from the filing date of the application. In some foreign countries, the protection is granted for 1 year, 5 years, or for up to 30 years. Some countries, like China, offer automatic patents, but you'll have to pay an annual fee for this right. Ask a good attorney specialized in international patent law in Miami if you want to learn more about patent protection.

Question #5 – Are patents valid in different countries?

Patents are always valid in the country you made the application in. For instance, patents filed at the United States patent office provide protection only in the United States. If you want protection in a foreign country, you will have to submit the documentation to the respective country's patent office and get a positive response.

Question #6 – Are patent rights enforced?

In almost all jurisdictions, patent rights are enforced by local authorities and the court system. The initiative must come from the owner of the patent – this means that the owner has to sue if there is any suspicion of wrongdoing. The court has the authority to stop patent infringement after the trial is completed and a verdict is reached. Unfortunately, the main responsibility for identifying, monitoring, and taking action against possible infringers of a patent lies with the patent owner.

Learn more about patent protection and how it can be enforced by talking to an attorney specialized in international patent law in Key West.

Question #7 – Licensing a patent – what does it mean?

Many companies use patents in order to license their inventions to other companies – but what does it mean? Licensing a patent simply means that the owner of the patent grants permission to another company to sell, use, manufacture the invention. The licensing takes place according to a mutually agreed terms and conditions document; the licensing is done for a determined purpose, in a defined territory and for an agreed period of time.

Patent owners often grant licenses to third party companies for a variety of reasons. For instance, an inventor who does not have manufacturing facilities may license the invention to a company that can manufacture the product. In return, the owner of the patent will receive royalties, according to a licensing contract. In other cases, a patent owner may not be able to cover demand, especially in foreign markets – in this case, the owner may license manufacturing to foreign companies, in exchange for royalty payments. Learn more about licensing a patent by talking to an attorney specialized in international patent law in Miami.

Question #8 – Why are patents useful?

Every modern invention has used some type of patent protection. For instance, electric lighting is still patented by Edison and Swan. The same goes for various types of plastics, which are patented by Baekeland. Ballpoint pens are patented by Biro, while microprocessors are patented by Intel.

Patents provide protection for individuals who invented a product. They offer recognition for their creativity, but also provide the possibility of material reward for their work. Also, patents are published via patent applications, helping spread knowledge and accelerating innovation. Simply put, patents help us avoid “reinventing the wheel”.