Why International Patent Protection Matters
Without international filings, a competitor could legally manufacture and sell a copy of your patented product in any country where you do not hold a patent. In some cases, foreign companies may even export infringing products into markets where you have no protection, undercutting your business and eroding the value of your invention.
Early planning is critical. Many international filing deadlines are tied to the date of your original U.S. application, and missing those windows can permanently limit your options. Under most international treaties, inventors have 12 months from their initial U.S. filing date to file corresponding applications abroad while preserving their original priority date. Our attorneys work with clients from the outset to develop a filing strategy that aligns with their business goals, target markets, and budget.
The Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty is one of the most widely used pathways for seeking patent protection internationally. By filing a single PCT application, inventors can preserve the right to pursue patents in over 150 member countries. The PCT process does not result in a single global patent, but it simplifies the early stages of the process and provides up to 30 or 31 months from the original filing date to decide which specific countries to enter.
This additional time is valuable. It allows inventors and businesses to evaluate market potential, secure funding, or refine their commercial strategy before committing to the cost of filing in individual countries. Our team manages the PCT process from the initial international application through national phase entry, coordinating with trusted local counsel in each jurisdiction to ensure your claims are properly adapted and prosecuted.
Pathways to International Protection
Multiple routes exist for securing your patent rights globally. Our attorneys help determine the most effective strategy for your invention and target markets.
Single application preserving rights in 150+ countries with extended decision timelines.
EPO, ARIPO, OAPI, and EAPO provide centralized examination across multiple nations.
Transition from international filing to local prosecution with experienced foreign counsel.
Coordinate enforcement actions across jurisdictions to defend your patent rights.
Structure agreements that protect your interests across different legal systems.
Comprehensive IP coverage including patents, trademarks, and copyrights globally.
Regional Patent Systems
For applicants targeting specific regions, centralized patent systems can offer a more efficient path to protection. The European Patent Office (EPO) provides a single examination process that can lead to patent grants across multiple European nations. Similar regional systems exist through the African Regional Intellectual Property Organization (ARIPO), the Organisation Africaine de la Propriété Intellectuelle (OAPI), and the Eurasian Patent Organization (EAPO).
Each of these systems has its own rules, timelines, and cost structures. Our attorneys help clients determine whether a regional approach, direct national filings, or a combination of both is the most effective strategy for their particular invention and target markets.
National Phase and Local Prosecution
Regardless of whether you file through the PCT or a regional system, each country ultimately applies its own patent laws and examination standards. Claims that are granted in the United States may need to be narrowed, broadened, or restructured to meet the requirements of a foreign patent office. Examination timelines, patentability standards, and procedural rules vary significantly from one jurisdiction to another.
Lambert Shortell & Connaughton coordinates the transition from international filing to local prosecution, working with our network of foreign associates to ensure your application is handled by experienced local counsel in every target country. We also conduct patent searches to evaluate the international landscape before filing, helping you anticipate potential obstacles and strengthen your claims from the start.
Enforcement and Litigation
Obtaining an international patent is only the first step. When infringement occurs abroad, enforcement typically requires action in the country where the infringement is taking place. This may involve working with foreign counsel, filing complaints with customs authorities to stop counterfeit or infringing goods at the border, or pursuing litigation in foreign courts.
Our team coordinates enforcement actions across jurisdictions on behalf of our clients, leveraging our worldwide network to ensure your patent rights are defended wherever they are threatened.
Licensing Your Patent Internationally
For many businesses, licensing is the most effective way to monetize international patent rights. Licensing allows you to grant foreign partners the right to manufacture, sell, or use your patented technology in their local market while you retain ownership and control.
International patent licensing agreements require careful drafting to address jurisdictional differences in patent law, royalty structures, sublicensing rights, quality control provisions, and termination terms. Our attorneys help structure agreements that protect your interests and comply with the legal requirements of each relevant country.
Building a Global Patent Strategy
The most effective international patent strategies are built early, ideally before or shortly after your initial U.S. patent application is filed. Key decisions include which countries to file in, whether to use the PCT or direct national filings, how to allocate budget across jurisdictions, and how to coordinate timing with your product launch or market entry plans.
Our registered patent attorneys bring both legal expertise and technical backgrounds in fields like chemistry and mechanical engineering, allowing us to work closely with inventors to understand the full scope of an invention and craft claims that hold up across multiple patent systems.
We also advise on international protection for trademarks and copyrights, ensuring that your broader intellectual property portfolio is covered as you expand into new markets.