Join Dana Robinson for an in-depth discussion in this video Territoriality of patents, part of Understanding Patents: A Deeper Dive.
- Patents are territorial.…This means that patent rights can only be obtained by filing…a patent application in each country…in which you want protection.…If you do not have a patent in Brazil, for example,…then you cannot enforce your patent rights in Brazil.…I've already explained what is required…to obtain a patent in the U.S.…It isn't cheap.…And now you know that your U.S. patent will not…get you protection in other countries and that…you need to file patents in any country where…you want to eventually enforce your rights.…
You're probably seeing dollar signs right now.…Yes, filing in every country is an expensive proposition.…But there are a couple of things that you can do in order…to defer expenses for a couple of years,…and also things that may reduce the overall costs.…There is no means of filing…an international patent application.…In other words, you can't file one patent that covers…multiple countries; however, there is a system called…the Patent Cooperation Treaty, or the PCT.…The PCT allows for the filing of a central patent…
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LInkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- Recall the timeframe that applies to application for a utility patent.
- Identify the type of patent that would be best for a product where design is more important than function.
- Define the meaning of patent prosecution.
- Recall the basics of patent infringement.
- Recognize legally accurate scenarios regarding patent rights and benefits.