How to Obtain Foreign Protection for Your Patent

Filing for patent protection in one country does not give you protection in other countries. So you may be asking, "How do I file for patent protection in other countries?" In this video attorney Jubin Dana of Dana Legal Services and @thepatentguru discusses the process for filing for patent protection in other countries outside of the United States and what is involved.

Filing for patent protection in other countries involves something called a PCT. PCT or a Patent Cooperation Treaty is a worldwide patent placeholder that allows you to file a formal application for a patent in a different country within 30 months of your PCT filing. A PCT allows you to designate 153 counties where you can preserve your rights to file for a patent application. PCTs do not actually provide you with any protection, they are only saving your spot to allow for you to apply for protection in those countries within the allotted timeframe.

There are two ways you can go about filing for protection in other countries. You can start your PCT application based off of your US patent application or you can file your PCT first. Filing your US patent first allows you to use your US priority date in your foreign applications. If filing your US patent application first you must file for your PCT within the first 12 months. PCT's are not cheap. One thing to keep in mind is that the fee is close to $4000 in order to file for your PCT.

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Disclaimer: Nothing on this channel should be taken as legal advice. The information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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