Organizations that invest in research and development or acquire ideas from researchers have something valuable to protect. Patents are among the strongest forms of intellectual property protection available.
The process of prosecuting a patent is complex but worthwhile for businesses that want to capitalize on new products or concepts. A patent extends legal control over a concept, design or process. Businesses can prevent competitors from duplicating a patented concept or process. They can also license the patent to others as a source of organizational revenue.
Patent prosecution is a domestic process that involves the United States Patent and Trademark Office (USPTO). However, the marketplace for ideas and products is an increasingly global market. Organizations may need help expanding patent protections to secure international patent protection.
Many countries recognize domestic patents
A patent prosecuted in the United States is theoretically only enforceable within the country. However, it is possible to register domestic patents internationally. The World Intellectual Property Organization allows businesses and other patent holders to apply for international protection that can prevent infringement abroad or at least allow for legal recourse after infringement occurs.
Dozens of countries cooperate with one another to allow for the enforcement of patents obtained in other nations. The Patent Cooperation Treaty applies in 158 member nations, providing nearly-global protection. However, the process of obtaining international patent protection can be even more complex than the domestic process.
There is more research required, as there could be similar patents in other countries even if the concept was brand new in the United States. Enforcement can also be challenging. Plenty of countries technically participate in the Patent Cooperation Treaty while ignoring blatant intellectual property infringement committed by companies in those countries.
By properly registering a domestic patent internationally, intellectual property attorneys can help businesses avoid international infringement. Particularly in scenarios where there might be international production facilities used to create products or offshore consultants involved in process development, the risk of international patent violations is a significant concern.
As is generally the case with patent prosecution, renewal and enforcement, obtaining international patent protection often requires the help of an educated professional. Even organizations with in-house lawyers may need help handling complex patent and intellectual property matters.