From the course: Understanding Patents: A Deeper Dive
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Territoriality of patents
From the course: Understanding Patents: A Deeper Dive
Territoriality of patents
- 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…
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