Does a U.S. Patent provide protection from foreign competition?

• What is a patent?

• What can be patented?

• Does an invention have to be completely new to be patented?

• Who can apply for a patent?

• What standards are applied to determine if an invention is patentable?

• What is the first step in patenting an invention?

• When and how is a patent application prepared?

• What information goes into the patent specification?

• What is the function of the patent Claims?

• Are there different types of patent applications?

• What happens after the patent application is filed?

• Is there any recourse from an unfavorable final office action?

• What happens once the examiner finds the claims are allowable?

• Does the inventor have to wait for the issuance of his/her patent before beginning to manufacture or market the invention?

• How long does the entire patenting process take?

• Should an inventor disclose his/her invention to others prior to filing a patent application?

• What happens if two applications are filed for the same invention?

• How long does patent protection last?

• Does a U.S. Patent provide protection from foreign competition?

• How is a patent enforced?

• Can patent rights be sold?

• Does an employee’s invention automatically belong to their employer?

• What is a patent license?

• How does an inventor go about licensing his/her invention?

• Once a patent is issued, can it be revoked or modified?

• What are the maintenance requirements after a patent is issued?

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A U.S. patent will bar competitors from infringing activities within the U.S. and its possessions, such as manufacturing, selling or importing a patented device or using a patented process or method. But a U.S. patent cannot be used to prevent activities that are conducted outside of the U.S. jurisdiction. For example, a U.S. patented drug may be manufactured in China for sale in Egypt without infringing on the U.S. patent. To obtain foreign patent protection, the inventor or owner of the U.S. patent rights must apply in the patent offices of the countries or regions in which protection is sought. Under the international Patent Cooperation Treaty, a PCT patent application can be filed, which establishes an international priority date based on the earliest U.S. patent filings, and which provides a 20 to 30-month “window” in which to file “national stage” patent applications in the selected countries or regions.