Filing a patent application in the United States starts the process for protecting an invention in the U.S. But it does nothing to protect it overseas. Patent applications must generally be filed on a country-by-country basis to secure foreign patent protection, but filing applications in all of the world’s patent offices would cost close to $500,000. Going forward in just five or six countries, a more modest approach, can cost $20,000 to $30,000. Foreign filing decisions can therefore have a big impact on a company’s legal budget.
Fortunately, such decisions don’t have to be made right away. Under an international treaty dating back to 1883 (the Paris Convention), a patent application filed in the U.S. can be filed in any of 171 other countries within one year of the U.S. filing date. In essence, patent applicants get a “free year” before they need to decide where else in the world they want to pursue patent protection.
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